ALLEGHENY VALLEY BANK OF PITTSBURGH v. POTOMAC EDUCATIONAL FOUNDATION, INC et al
| ALLEGHENY VALLEY BANK OF PITTSBURGH |
| POTOMAC EDUCATIONAL FOUNDATION, INC, VIENNA EDUCATIONAL SERVICES, INC, CHRISTOPHER V. FEUDO, ROGER C. GURNER, HUGH KOMINARS, THOMAS SAPIENZA, WILLIAM J. SOLOMON, DAVID OXENHANDLER, JOAN DALY and RICHARD L. HENDERSHOT, CPA, P.C. |
| 2:2013cv00818 |
| June 17, 2013 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Allegheny |
| Maureen P. Kelly |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
68
OPINION AND ORDER granting in part and denying in part 58 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part Motion to Dismiss for Failure to State a Claim; and denying the Motion for Summary Judgment as follows: IT IS HEREBY ORDERED that the Motion to Dimiss for Lack of Jurisdiction is GRANTED as to Defendants Christopher V. Feudo, Roger A. Gurner, Hugh Kominars, David Oxenhandler and Joan Daly, and DENIED as to Defendants Thomas Sapienza and William J. Solomon ;IT IS FURTHER ORDERED that the Motion to Dismiss Counts I and II (Breach of Contract) under Rule 12(b)(6) as to the remaining Individual Defendants William J. Solomon and Thomas Sapienza is GRANTED;IT IS FURTHER ORDERED that the Motion to Dismiss Co unt III (Negligence and Negligent Misrepresentation) under Rule 12(b)(6) is GRANTED as to Defendant Sapienza and is DENIED as to Defendant William J. Solomon; IT IS FURTHER ORDERED that the Motion for Summary Judgment as to jurisdiction is DENIED. The Clerk shall mark this action terminated as to Defendants Christopher V. Feudo, Roger A. Gurner, Hugh Kominars, David Oxenhandler, Joan Daly and Thomas Sapienza. Signed by Magistrate Judge Maureen P. Kelly on 3/9/2015. (ndf )
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Filing
55
ORDER: Defendants' Motions to Dismiss [ECF 34] are denied without prejudice and the parties are permitted until May 9, 2014, to conduct discovery relevant to the issue of the propriety of this Court's exercise of personal jurisdiction over each of the individually named Defendants, including, where appropriate, the application of the fiduciary shield doctrine. At the close of this limited discovery, Defendants may renew their Motions to Dismiss pursuant to both Rules 12(b)(2) and 12(b )(6) of the Federal Rules of Civil Procedure ; Motions terminated: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND UNDER RULE 12(b)(2) AND 12(b)(6) FOR LACK OF JURISDICTION filed by JOAN DALY, WILLIAM J. SOLOMON, ROGER C. GURNER, CHRISTOPHER V. FEUDO, DAVID OXENHANDLER, THOMAS SAPIENZA, HUGH KOMINARS Signed by Magistrate Judge Maureen P. Kelly on 3/25/2014. (ndf )
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