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Atd-American Co v. Krueger International

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


April 19, 2012

ATD-AMERICAN CO., PLAINTIFF,
v.
KRUEGER INTERNATIONAL, INC. DEFENDANT.

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

ORDER*fn1

AND NOW, this 19th day of April, 2012, upon consideration of Defendant Krueger International, Inc.'s Motions to Dismiss Pursuant to Federal Rule of Procedure 12(b)(6), to Strike Pursuant to Rule 12(f), and for a More Definite Statement Under Rule 12(e) (Docket No. 11 of No. Civ.A.12-00032 & Docket No. 8 of No. Civ.A.12-00033), Plaintiff ATD-American Co.'s Responses in Opposition (Docket No. 14 of No. Civ.A.12-00032 & Docket No. 10 of No. Civ.A.12-00033); Defendant's Reply Briefs (Docket No. 15 of No. Civ.A.12-00032 & Docket No. 11 of No. Civ.A.12-00033), and Plaintiff's Sur-Reply Briefs (Docket No. 16 of No. Civ.A.12-00032 & Docket No. 12 of No. Civ.A.12-00033), it is hereby ORDERED as follows:

1. Defendant's Motion to Dismiss Plaintiff's request for injunctive relief and claims for damages related to the Covenant Not to Compete is DENIED;

2. Defendant's Motion to Dismiss Plaintiff's requests for attorneys' fees and costs of litigation is GRANTED;

3. Defendant's Motion to Dismiss Plaintiff's tort claims for fraudulent inducement, fraudulent misrepresentation, material non-disclosure and omission, and misappropriation of trade secrets is GRANTED;

4. Defendant's Motion to Dismiss Plaintiff's claims for punitive damages is GRANTED;

5. Defendant's Motion to Dismiss Plaintiff's claim for declaratory relief is GRANTED;

6. Defendant's Motion for a More Definite Statement is DENIED with respect to Defendant's request for Plaintiff to segregate the allegations into single paragraphs, and is GRANTED with respect to Defendant's request to clarify the definition of "Adirondack." Plaintiff is required to file an Amended Complaint within twenty (20) days of the date of this Order. The Amended Complaint shall consolidate all allegations and claims made in Civil Action Number 12-00032 and Civil Action Number 12-00033 and provide a clear definition of "Adirondack.";

7. Defendant's Motion to Strike all paragraphs relating to a breach of pricing provisions in the Supply Agreement is DENIED.

BY THE COURT:

RONALD L. BUCKWALTER


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