ZINMAN v. VANTAGE LEARNING, LLC et al, No. 2:2016cv02068 - Document 44 (E.D. Pa. 2017)
Court Description: MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS AND TO STRIKE SCANDALOUS ALLEGATIONS (DOC. NO. 34 ), IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE WENDY BEETLESTONE ON 1/30/2017. 1/30/2017 ENTERED AND COPIES E-MAILED.(amas)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MATTHEW ZINMAN, Plaintiff, CIVIL ACTION v. VANTAGE LEARNING, LLC, VANTANGE LEARNING (USA), LLC, MCCAN ASSOCIATES, INC., BRIAN GIBNEY AND PETER MURPHY, Defendants. NO. 16-2068 ORDER AND NOW, this 30th day of January, 2017, upon consideration of Plaintiff’s Motion to Dismiss Defendants’ Counterclaims and to Strike Scandalous Allegations (ECF No. 34) and Defendant McCann’s Response in Opposition thereto (ECF No. 35), IT IS HEREBY ORDERED that: 1) Plaintiff’s Motion to Dismiss McCann’s Counterclaims is GRANTED with respect to the unjust enrichment counterclaim and DENIED with respect to the fraud and breach of contract counterclaims; 2) Plaintiff’s Motion to Strike Scandalous Allegations is GRANTED in part and DENIED in part as follows: a. The Motion is GRANTED with respect to Exhibits D to T (ECF Nos. 31-4, 31-5, 31-6, 31-7, 31-8, 31-9, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-17, 31-18, 31-19, and 31-20); and b. The Motion is DENIED with respect to Exhibits A to C (ECF Nos. 31-1, 31-2, and 31-3). BY THE COURT: /S/WENDY BEETLESTONE, J. _______________________________ WENDY BEETLESTONE, J.
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