MEYER et al v. DELAWARE VALLEY LIFT TRUCK, INC. et al, No. 2:2018cv01118 - Document 67 (E.D. Pa. 2019)

Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANTS' MOTIONS ARE GRANTED IN PART AND DENIED IN PART. DEFENDANTS' MOTIONS WITH RESPECT TO COUNTS THREE, FOUR, SIX, AND SEVEN ARE GRANTED. THE COUNTS ARE DISMISSED WITH PREJUDICE. DVLT, BARBARA MEYER, AND JOHN MEYER'S MOTION TO DISMISS COUNT ELEVEN IS GRANTED. COUNT ELEVEN IS DISMISSED WITH PREJUDICE AS TO DVLT, BARBARA MEYER, AND JOHN MEYER. THE LAW OFFICES OF BARRY F. PENN'S MOTION TO DISMISS COUNT ELEVEN IS GRANTED AS TO CONSPIRACY BUT DE NIED AS TO AIDING AND ABETTING. THE CONSPIRACY PORTION OF OCUNT ELEVEN IS DISMISSED WITH PREJUDICE AS TO THE LAW OFFICES OF BARRY F. PENN. DEFENDANTS' MOTIONS WITH RESPECT TO COUNTS ONE, TWO, EIGHT, NINE, AND TEN ARE DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 6/7/2019. 6/10/2019 ENTERED AND COPIES E-MAILED.(amas)
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MEYER et al v. DELAWARE VALLEY LIFT TRUCK, INC. et al Doc. 67 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION JAMES E. MEYER AND PEGGY LYNN MEYER, Plaintiffs, v. NO. 18-1118 DELAWARE VALLEY LIFT TRUCK, INC., MATERIAL HANDLING POWER DESIGNERS, LLC, JOHN W. MEYER, BARBARA A. MEYER, AND LAW OFFICES OF BARRY F. PENN, P.C., Defendants. ORDER AND NOW this 7th day of June, 2019, upon consideration of the Motion to Dismiss filed by Delaware Valley Lift Truck, Inc. (DVLT), Barbara A. Meyer, and John W. Meyer (ECF No. 46), the Motion to Dismiss filed by the Law Offices of Barry F. Penn, P.C. (ECF No. 48), and Plaintiffs responses thereto (ECF Nos. 52 & 53), IT IS ORDERED that the Motions are GRANTED IN PART AND DENIED IN PART as follows: 1. Defendants' motions with respect to Counts Three, Four, Six, and Seven are GRANTED. The Counts are DISMISSED WITH PREJUDICE. 2. DVL T, Barbara Meyer, and John Meyer's motion to dismiss Count Eleven is GRANTED. Count Eleven is DISMISSED WITH PREJUDICE as to DVLT, Barbara Meyer, and John Meyer. 3. The Law Offices of Barry F. Penn's motion to dismiss Count Eleven is GRANTED as to conspiracy but DENIED as to aiding and abetting. The conspiracy portion of Count Eleven is DISMISSED WITH PREJUDICE as to the Law Offices of Barry F. Penn. 4. Defendants' motions with respect to Counts One, Two, Eight, Nine, and Ten are DENIED. WENDY BEETLESTONE, J. Dockets.Justia.com