Vital Pharmaceuticals, Inc. v. USA Sports, LLC et al
| Vital Pharmaceuticals, Inc. |
| USA Sports, LLC, Joseph Mies and Robert O'Leary |
| 3:2011cv00975 |
| May 20, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| A. Richard Caputo |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
21
ORDER re 20 Memorandum (Order to follow as separate docket entry), Motions terminated: 4 MOTION to Dismiss Amended Complaint filed by Joseph Mies, Robert O'Leary, USA Sports, LLC. IT IS HEREBY ORDERED that:1.Defendants Motion to Dism iss the First Amended Complaint (Doc. 4) is GRANTED in part and DENIED in part. 2.Defendants motion to dismiss Count V of Plaintiffs First Amended Complaint, breach of Section 9-504 of the Uniform Commercial Code, and Count VI of Plaintiffs First Ame nded Complaint, action to set aside fraudulent transfer pursuant to the Pennsylvania Uniform Fraudulent Transfer Act, is GRANTED. Plaintiff will have twenty-one (21) days to amend its complaint to properly plead these claims; otherwise, the claims w ill be dismissed with prejudice.3.Defendants motion to dismiss Plaintiffs successor liability claims, Counts I-IV, and breach of fiduciary duty claim, Count VII, is DENIED. 4.Defendant Robert OLeary is DISMISSED from this action.Signed by Honorable A. Richard Caputo on 3/7/12. (jam, )
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