SPENCER v. CRYSTAL WATERS, INC. et al
NORMA JEAN SPENCER |
CRYSTAL WATERS, INC., THOMAS H. LOUGHRY, JOHN W. LOUGHRY, TLHCOAL, CO. and JONATHAN D. CLARK |
2:2013cv00334 |
March 7, 2013 |
US District Court for the Western District of Pennsylvania |
Pittsburgh Office |
XX US, Outside State |
David S. Cercone |
Torts to Land |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
Plaintiff |
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Filing 78 MEMORANUDUM ORDER granting in part and denying in part 68 defendants' partial motion to dismiss plaintiff's second amended complaint. The motion is granted as to the breach of fiduciary claim at Count V. The motion is denied in all othe r aspects without prejudice to raise - after the close of discovery - any advanced factual or legal basis for relief in a motion for summary judgment. All as more fully set forth in the Memorandum Order. Signed by Judge David S. Cercone on 9/28/15. (mwm) |
Filing 62 MEMORANDUM ORDER denying 37 Defendant's Motion to Dismiss Plaintiff's First Amended Complaint. The portion of the motion seeking dismissal for failure to join an indispensable party under Rule 19 is denied with prejudice; all other aspects of the motion are denied without prejudice to raise - after the close of discovery - any advanced factual or legal basis for relief in a motion for summary judgment. Signed by Judge David S. Cercone on 9/8/14. (kak) |
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