Scott et al v. LTS Builders LLC et al
John L Scott and Minnie L Scott |
LTS Builders LLC, LTS Realty Company, Rene Giombetti, Michael V Gazza, Lawrence T. Simon, Investor's Abstract, Inc., Steve Paugh, Lorie A Lehman, Albert C Read, III, Alicia N Johnson and M.D. Everett |
1:2010cv00581 |
March 15, 2010 |
US District Court for the Middle District of Pennsylvania |
Harrisburg Office |
William W. Caldwell |
Real Property: Other |
28 U.S.C. ยง 1332 Diversity-Other Contract |
Plaintiff |
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Filing 98 MEMORANDUM AND ORDER - AND NOW, this 22nd day of October, 2012, upon consideration of the motion (Doc. 89) for summary judgment by defendants, Albert C. Read, III, doing business as A.C. Read Appraisal Service; and Alicia N. Johnson, it is ordered th at: 1. The motion (Doc. 89) is granted as to Plaintiffs claims against these defendants in: Count I for common-law fraud,Count II for a violation of the CPL, and Count III for negligent- misrepresentation. 2. The Clerk of Court shall enter judgment i n favor ofdefendants, Albert C. Read, III, doing business as A.C. Read Appraisal Service; and Alicia N. Johnson, and against Plaintiffs on the common-law fraud claim in Count I, the CPL claim in Count II and the negligent-misrepresentation claim Count III. 3. Defendants motion for summary judgment is denied as to Plaintiffs claim in Counts I and II for aiding and abettingfraud. 89 (See memo for complete details.) Signed by Honorable William W. Caldwell on 10/22/12. (am) |
Filing 67 MEMORANDUM AND ORDER - AND NOW, this 15th day of Dec., 2011, it is ordered that: 1. Plf.'s mtn. 53 for reconsideration of the order of 3/15/11, 52 , compelling arbitration & staying the action is granted. 2. The mtn. 35 of deft., LTS Builde rs, to dismiss the claims against it on the basis of the arbitration agreement is denied. 3. The mtn. 35 to dismiss of the LTS defts. is granted in part & denied in part. (See sub-para. a-d) 4. The three mtns. 36 37 , & 39 to dismiss the defts. Investors Abstract, Inc., Steve Paugh, & Lorie A. Lehman; Albert C. Read, III, & Alicia N. Johnson; and M.D. Everett, are denied. (See memo for complete details.) Signed by Honorable William W. Caldwell on 12/15/11. (am, ) |
Filing 52 MEMORANDUM AND ORDER - AND NOW, this 15th day of March, 2011, it is ordered that: 1. The mtn. of deft., LTS Builders, to compel arbitration of plf., John L. Scott's, claims against it is granted. 2. This action is stayed pending resolution of arbitration proceedings. 35 (See memo for complete details.) Signed by Honorable William W. Caldwell on 3/15/11. (am) |
Filing 30 MEMORANDUM AND ORDER - AND NOW, this 2nd day of Nov., 2010, upon con. of the mtn. 5 to dismiss of defts., LTS Builders LLC, LTS Realty Complany, Rene Giombetti, Michael V. Gazza & Lawrence T. Simon, it is ordered that: 1. Plfs.' amend. complt. 3 is dism'd for lack of jurisdiction. 2. Plfs. are granted 21 days from the dt. of this order to file a 2nd amend. complt. showing that diversity jurisdiction is present. 3. Failure to file a 2nd amd. complt. in the time granted will result in dismissal of this action. (See memo for complete details.) Signed by Honorable William W. Caldwell on 11/2/10. (am) |
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