Rosenfield v. Frank et al
| Daniel Rosenfield |
| Thomas P. Frank and Numiscent, LLC |
| 4:2018cv00568 |
| March 9, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Centre |
| Matthew W. Brann |
| Other Fraud |
| 28 U.S.C. ยง 1391 |
| Plaintiff |
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Filing
31
ORDER (memorandum filed previously as separate docket entry). In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The defendants motion for judgment on the pleadings (Doc. 16) is GRANTED in part and DENIED in partthe motion is granted with respect to dismissal of the plaintiffs claims for failure to state a claim upon which relief can be granted, and it is denied with respect to the defendants request for the entry of judgment as a matter of law on their abuse of proces s counterclaim;2.Counts I, II, and III of the complaint, asserting state law claims of negligent misrepresentation, fraud, and unfair trade practices, are DISMISSED with prejudice;3.The plaintiff is granted leave to file an amended complaint within 2 1 days of the date of this Order, adding any contract or warranty causes of action that the facts may support; and4.The parties shall proceed with discovery concerning the defendants counterclaim, asserting a state law claim of abuse of process.Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/4/19. (ms)
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