WESTMORELAND OPPORTUNITY FUND, LLC v. ZAPPALA et al
||WESTMORELAND OPPORTUNITY FUND, LLC
||RICHARD A. ZAPPALA, FRANK J. ZAPPALA and RONALD A. ROSENFELD
||March 27, 2013
||Pennsylvania Western District Court
||Nora Barry Fischer
|Nature of Suit:
|Cause of Action:
||28:1332 Diversity-Other Contract
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|July 22, 2013
MEMORANDUM ORDER indicating that, for reasons stated more fully within said Order, Plaintiff shall file its Amended Complaint by 8/5/13 at 12:00 p.m.; that Defendant's Motion to Dismiss 9 is denied, without prejudice. Signed by Judge Nora Barry Fischer on 7/22/13. (jg) Modified on 7/22/2013. (jg, )
|October 28, 2013
MEMORANDUM OPINION indicating that, for reasons more fully stated within, as to Counts I and III of its First Amended Complaint, Plaintiff has pled sufficient facts which demonstrate a presumptive right to recovery against Defendants under the " Principals' Indemnification Agreement." However, Plaintiff has not adequately pled enough of the facts necessary to sustain its claims under Count II of its First Amended Complaint. Accordingly, Defendants' Motion to Dismiss (Docket No. 20 ) Plaintiff's First Amended Complaint (Docket No. 19 ) is granted, in part, and denied, in part. Plaintiff's claims under Count II will be dismissed, without prejudice. Appropriate Orders follow. Signed by Judge Nora Barry Fischer on 10/28/13. (jg)
|July 11, 2014
MEMORANDUM OPINION indicating that, for the reasons more fully stated within, Plaintiff's Motion for Summary 37 will be granted in part and denied in part. Plaintiff's Motion will be granted with respect to the scope of the Defendants 39; liability for alleged Section 22(b) violations of the Mortgage. The Motion will be denied, without prejudice, with respect to whether Defendants' liability has, in fact, been triggered. Defendants' Motion for Summary Judgment 41 will be denied. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 7/11/14. (rlh)
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