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Carl H. Fischer v. Terrence J. Mullen and Kathryn

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


July 13, 2011

CARL H. FISCHER, PLAINTIFF,
v.
TERRENCE J. MULLEN AND KATHRYN MULLEN, HUSBAND AND WIFE, DEFENDANTS.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 13th day of July, 2011, upon consideration of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Document No. 10, filed April 4, 2011), Plaintiff's Brief in Opposition to Defendants' Motion to Dismiss the Amended Complaint (Document No. 11, filed May 2, 2011), and Reply Brief in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Document No. 12, filed May, 13, 2011), for the reasons set forth in the Memorandum dated July 13, 2011, IT IS ORDERED that defendants' Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) is DENIED WITHOUT PREJUDICE to defendants' right to raise the issue addressed in the motion again after the completion of discovery via motion for summary judgment or at trial.

IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in due course.

BY THE COURT:

Hon. Jan E. DuBois

20110713

© 1992-2011 VersusLaw Inc.



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