IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 10, 2011
THE KNIT WITH, PLAINTIFF,
KNITTING FEVER, INC., DESIGNER YARNS, LTD., FILATURA PETTINATA V.V.G. DI STEFANO VACCARI & C., SION ELALOUF, DIANE ELALOUF, JEFFREY J. DENECKE, JR., JAY OPPERMAN, AND DEBBIE BLISS, DEFENDANTS. THE KNIT WITH, PLAINTIFF,
EISAKU NORO & CO., LTD., KNITTING FEVER, INC., SION ELALOUF, DIANE ELALOUF, AND JAY OPPERMAN, DEFENDANTS.
The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.
AND NOW, this 10th day of March, 2011, upon consideration of the Motion of Defendant Designer Yarns, Ltd. ("Designer Yarns") to Dismiss (Docket No. 223), the Response of Plaintiff The Knit With (Docket No. 233), and Designer Yarns's Reply Brief (Docket No. 236), as well as the Motion of Defendant Filatura Pettinata V.V.G. DiStefano Vaccari & C. ("Filatura") to Dismiss (Docket No. 224), Plaintiff's Response (Docket No. 234), and Filatura's Reply Brief (Docket No. 237), it is hereby ORDERED as follows:
1. Defendant Designer Yarns's Motion to Dismiss is GRANTED and Plaintiff's Complaint against Designer Yarns is DISMISSED in its entirety.
2. Defendant Filatura's Motion is GRANTED IN PART and DENIED IN PART. As to Plaintiff's cause of action pursuant to 18 U.S.C. § 1962(d), Defendant Filatura's Motion is GRANTED and that claim against it is DISMISSED. As to Plaintiff's cause of action for breach of the implied warranty of merchantability, Defendant Filatura's Motion is DENIED.
It is so ORDERED.
BY THE COURT:
s/ Ronald L. Buckwalter
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