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Hawk Valley, Inc., Individually and As A Representative of A v. Elaine G. Taylor

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


March 30, 2012

HAWK VALLEY, INC., INDIVIDUALLY AND AS A REPRESENTATIVE OF A CLASS OF SIMILARLY SITUATED PERSONS, PLAINTIFF
v.
ELAINE G. TAYLOR, ENVIRONMENTAL PROCESS SYSTEMS, INC., AND JOHN DOES 1-10, DEFENDANTS

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

Now this 30 th day of March, 2012, upon consideration of the following:

(1) Defendants, Elaine G. Taylor and Environmental Process Systems, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), which motion was filed April 14, 2011 (Document 37); together with,

(a) Defendants, Elaine G. Taylor and Environmental Process Systems, Inc.'s Memorandum of Law in Support of Their Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6);

(2) Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), which response was filed April 28, 2011 (Document 38);

(3) Defendants' Reply Memorandum of Law in Support of Their Motion to Dismiss Plaintiff's First Amended Complaint with Prejudice Pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), which reply memorandum was filed May 11, 2011 (Document 40);

(4) Defendants' Notice of Supplemental Authority filed November 28, 2011 (Document 42); *fn1

(5) Class Action Complaint filed by plaintiff February 24, 2010 (Document 1);

(6) Order of the undersigned dated February 25, 2011, and accompanying Opinion, which Order and Opinion were filed February 28, 2011 (Documents 35 and 34, respectively); and

(7) First Amended Class Action Complaint filed by plaintiff March 25, 2011 (Document 36); and for the reasons expressed in the accompanying Opinion, IT IS ORDERED that defendants' motion to dismiss is denied.

BY THE COURT:

James Knoll Gardner


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