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Brown & Brown, Inc., Brown & Brown of Pennsylvania, Inc. and v. Robert Cola

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


July 13, 2011

BROWN & BROWN, INC., BROWN & BROWN OF PENNSYLVANIA, INC. AND GRINSPEC, INC. PLAINTIFFS,
v.
ROBERT COLA, RYAN TOLA, AND DOYLE ALLIANCE GROUP, DEFENDANTS.

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

ORDER

AND NOW, this 13th day of July, 2011, upon consideration of Defendant Robert Cola's

Motion for Leave to Amend Counterclaims Pursuant to Federal Rule of Civil Procedure 15(a)(2) (Docket No. 101) and the Response of Plaintiffs Brown & Brown, Inc., Brown & Brown of Pennsylvania, Inc., and Grinspec, Inc. (Docket No. 104), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART, as follows:

1. Defendant Cola's Motion for Leave to include a breach of contract action against Brown & Brown, Inc. and Brown & Brown of Pennsylvania, Inc. is DENIED;

2. Defendant Cola's Motion for Leave to include a claim for recovery of attorneys' fees pursuant to Section 35(a) of the Lanham Act is GRANTED.

3. Within fifteen (15) days from the date of this Order, Defendant Cola shall file an Amended Counterclaim reflecting the changes allowed and disallowed by this Order.

It is so ORDERED.

BY THE COURT:

Ronald L. Buckwalter

20110713

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