JOHNSON CONTROLS, INC. v. WACHOVIA BANK, NA et al
Filing
44
ORDERED THAT DEFENDANT ULRICK JOSEPH'S MOTION TO DISMISS COUNTS III AND IV OF PLAINTIFF'S COMPLAINT AND GREEN BUILDING SYSTEMS, LLC'S MOTION TO DISMISS COUNT IV OF PLAINTIFF'S COMPLAINT (DOCKET NO. 23) IS DENIED IN PART WITH RESPE CT TO COUNT III AND GRANTED IN PART WITHOUT PREJUDICE AS TO COUNT IV. IT IS FURTHER ORDERED THAT JOHNSON CONTROLS, INC. SHALL FILE AN AMENDED COMPLAINT, IF ANY, BY OCTOBER 31, 2011 AND GREEN BUILDING SYSTEMS, LLC AND MR. JOSEPH SHALL FILE AN ANSWER OR SHALL OTHERWISE PLEAD IN RESPONSE TO THE AMENDED COMPLAINT BY NO LATER THAN TWENTY-ONE (21) DAYS THEREAFTER. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/17/11. 10/17/11 ENTERED AND COPIES E-MAILED.(rab, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHNSON CONTROLS, INC.,
Plaintiff,
v.
WACHOVIA BANK, NA, et al.,
Defendants.
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:
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:
CIVIL ACTION
NO. 10-7253
ORDER
AND NOW, this 17th day of October, 2011, upon consideration of the Defendant Ulrick
Joseph’s Motion to Dismiss Counts III and IV of Plaintiff’s Complaint and Green Building
Systems, LLC’s Motion to Dismiss Count IV of Plaintiff’s Complaint (Doc. No. 23), and the
responses thereto filed by, respectively, Plaintiff Johnson Controls, Inc. (Doc. No. 30) and
Defendants Wachovia Bank, N.A., Wachovia Corporation, Wells Fargo Bank, N.A., and Wells
Fargo & Company, Inc. (Doc. No. 33), and for the reasons stated in the accompanying
Memorandum, it is hereby ORDERED that the Motion (Doc. No. 23) is DENIED in part with
respect to Count III and GRANTED in part without prejudice as to Count IV.
IT IS FURTHER ORDERED Johnson Controls, Inc. shall file an Amended Complaint, if
any, by October 31, 2011 and Green Building Systems, LLC and Mr. Joseph shall file an Answer
or shall otherwise plead in response to the Amended Complaint by no later than twenty-one (21)
days thereafter.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge
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