United States District Court, E.D. Pennsylvania
May 27, 2004.
DAVID H. MARION, as Receiver for Bentley Financial Services, Inc.
S.D. GOLDFINE & COMPANY and SANFORD GOLDFINE
The opinion of the court was delivered by: JOHN FULLAM, Senior District Judge
MEMORANDUM AND ORDER
On March 1, 2004, I entered an order granting in part, and denying in
part, defendants' motion to dismiss the first amended complaint. Upon
further consideration, and for the reasons stated in the Memorandum and
Order filed this date in the companion case of David H. Marion v.
TDI, Inc., et al., C.A. No. 02-7032, I conclude that plaintiff does
indeed have standing to assert the claims in question and that the first
amended complaint survives dismissal under Fed.R.Civ.P. 12(b)(6). It
is therefore ordered:
1. This court's Order of March 1, 2004, is
2. Defendants' motion to dismiss the first amended
complaint is DENIED, without prejudice to
defendants' right to file a properly supported
motion for summary judgment, if warranted by the
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