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Excelsior Insurance Co. v. Incredibly Edible Delites

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 17, 2009

EXCELSIOR INSURANCE COMPANY
v.
INCREDIBLY EDIBLE DELITES, INCREDIBLE FRANCHISE CORP. AND EDIBLE ARRANGEMENTS INTERNATIONAL, INC.

The opinion of the court was delivered by: Thomas N. O'neill, Jr., J.

ORDER

AND NOW, this 17th day of December 2009, upon consideration of Excelsior Insurance Company's motion to dismiss Incredibly Edible Delites' ("IED") and Incredible Franchise Corp.'s ("IFC") third, fourth and fifth counterclaims or in the alternative to bifurcate, IED and IFC's response, Excelsior's reply and IED and IFC's sur-reply it is hereby

ORDERED that plaintiff's motion to dismiss is GRANTED in part and DENIED in part and the fourth counterclaim is dismissed. It is further

ORDERED that plaintiff's alternative motion to bifurcate a portion of IFC and IED's claims is DENIED. Within fourteen (14) days from the date of this Order, IFC and IED may amend their counterclaim in accordance with this Order and the accompanying memorandum.

20091217

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