BERNSTEIN v. KEAVENEY LEGAL GROUP et al
CHRISTINE BERNSTEIN |
KEAVENEY LEGAL GROUP, JAMES P. KEAVENEY and JOSHUA THOMAS |
2:2016cv05470 |
October 18, 2016 |
US District Court for the Eastern District of Pennsylvania |
Philadelphia Office |
Outside the State of PA. |
JAN E. DUBOIS |
Other Fraud |
28 U.S.C. ยง 1332 |
Defendant |
Available Case Documents
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Filing 21 MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS PURSUANT TO FRCP 12(B)(6) IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: DEFENDANTS' MOTION TO DISMISS COUNT I IS DENIED AS TO DEFENDANT, KEAVENEY LEGAL GROUP, AND GRANTED AS TO TH E INDIVIDUAL DEFENDANTS; DEFENDANTS' MOTION TO DISMISS COUNT II IS DENIED WITH RESPECT TO THE ALLEGED MISREPRESENTATION RELATING TO DEFENDANTS' SUBMISSION OF AN APPLICATION FOR PLAINTIFF'S LOAN MODIFICATION, AND GRANTED IN ALL OTHER RE SPECTS; DEFENDANTS' MOTION TO DISMISS COUNT III IS GRANTED; DEFENDANTS' MOTION TO DISMISS COUNT IV IS DENIED; DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S DEMAND FOR PUNITIVE DAMAGES IS DENIED; DEFENDANTS' MOTION TO STRIKE PLAINT IFF'S DEMAND FOR ATTORNEY FEES UNDER COUNTS II AND IV IS GRANTED. THIS DECISION IS WITHOUT PREJUDICE TO PLAINTIFFS' RIGHT TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE ENTRY OF THIS ORDER IF WARRANTED BY THE FA CTS AND THE APPLICABLE LAW SET FORTH IN THE ACCOMPANYING MEMORANDUM. IT IS FURTHER ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE WILL BE SCHEDULED IN DUE COURSE. DISCOVERY MAY PROCEED IN THE INTERIM. SIGNED BY HONORABLE JAN E. DUBOIS ON 5/17/17. 5/18/17 ENTERED & E-MAILED.(fdc) |
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