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Vital Pharmaceuticals, Inc., D/B/A v. Usa Sports

March 7, 2012

VITAL PHARMACEUTICALS, INC., D/B/A VPX/REDLINE, PLAINTIFF,
v.
USA SPORTS, LLC, JOSEPH MIES, AND ROBERT O'LEARY, DEFENDANTS.



The opinion of the court was delivered by: Judge Caputo

ORDER

NOW, this 7th day of March, 2012, IT IS HEREBY ORDERED that:

1. Defendants' Motion to Dismiss the First Amended Complaint (Doc. 4) is GRANTED in part and DENIED in part.

2. Defendants' motion to dismiss Count V of Plaintiff's First Amended Complaint, breach of Section 9-504 of the Uniform Commercial Code, and Count VI of Plaintiff's First Amended Complaint, action to set aside fraudulent transfer pursuant to the Pennsylvania Uniform Fraudulent Transfer Act, is GRANTED. Plaintiff will have twenty-one (21) days to amend its complaint to properly plead these claims; otherwise, the claims will be dismissed with prejudice.

3. Defendants' motion to dismiss Plaintiff's successor liability claims, Counts I-IV, and breach of fiduciary duty claim, Count VII, is DENIED.

4. Defendant Robert O'Leary is DISMISSED from this action.

A. Richard Caputo United States District Judge

20120307

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