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Michael L. Druffner, Executor of the Estate of Patricia v. Roisin E. O'neill; Sean O'neill

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


March 23, 2011

MICHAEL L. DRUFFNER, EXECUTOR OF THE ESTATE OF PATRICIA MURPHY WAGGONER, DECEASED, PLAINTIFF,
v.
ROISIN E. O'NEILL; SEAN O'NEILL, SR.;: O'NEILL BUILDERS, INC.; JCKN, INC., 23 J.T. ENTERPRISES, LTD.; 23 J.T. ASSOCIATES; JOSEPH A. RUFO; TONY RUFO; HARLEQUIN ENTERTAINMENT GROUP, LLC; ANNA ARENA; MIGUEL A. DORMAN; 23 CABARET, INC.; BROWNIE'S 23 EAST; WILLIAM DAVID MAGROGRAN; JOHN P. CAULFIELD; AND PAUL R. NANGLE, DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.

ORDER

AND NOW, this 23rdday of March, 2011, upon consideration of the Partial Motion by Moving Defendants JCKN, Inc.; 23 J.T. Enterprises, Ltd.; 23 J.T. Enterprises, Inc.; 23 J.T.

Associates a/t/d/b/a 23 J.T. Associates, GP; Joseph A. Rufo; Tony Rufo; Brownie's 23 East; and Paul R. Nangle to Dismiss Plaintiff Michael L. Druffner's Amended Complaint (Docket No. 34), and Plaintiff's Response in Opposition (Docket No. 38), it is hereby ORDERED that:

1. The Partial Motion to Dismiss (Docket No. 34) is GRANTED IN PART and DENIED IN PART as follows:

a. Moving Defendants' Motion to Dismiss certain allegations relating to Plaintiff's claim under the Pennsylvania Dram Shop Act (Count IV) is DENIED;

b. Moving Defendants' Motion to Dismiss Plaintiff's claim for common-law negligence (Count V) is GRANTED.

2. This Order shall have no effect on Defendants Harlequin Entertainment Group, LLC; Anna Arena; Miguel A. Dorman; 23 E. Cabaret, Inc.; William David Magrogan; or John P. Caulfield.

It is so ORDERED.

BY THE COURT:

20110323

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