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Oldcastle Precast, Inc. v. Vpmc, Ltd.

United States District Court, Third Circuit

July 26, 2013

OLDCASTLE PRECAST, INC., Plaintiff,
v.
VPMC, LTD., JOSEPH R. GAMBONE, JR., MICHAEL A. GAMBONE, AUDREY GAMBONE, co-executor of the ESTATE OF ANTHONY R. GAMBONE, SR, MICHAEL A. GAMBONE, co-executor of the ESTATE OF ANTHONY R. GAMBONE, SR., GEORGE J. FALCONERO, co-executor of the ESTATE OF ANTHONY GAMBONE, SR., SANDRA LEE GAMBONE, co-executor of the ESTATE OF ANTHONY GAMBONE, SR., and SHARON ANAPOSIKY, co-executor of the ESTATE OF ANTHONY GAMBONE, SR., Defendants.

ORDER

ROBERT F. KELLY, Senior District Judge.

AND NOW, this 26th day of July, 2013, upon consideration of Defendants, VPMC, Ltd., Joseph R. Gambone, Jr., Michael A. Gambone, Audrey Gambone, George J. Falconero, Sandra Lee Gambone, and Sharon Anaposiky's (collectively, "Defendants"), Motion for Reconsideration and Clarification of this Court's May13, 2013 Memorandum and Order (Doc. No. 19), and Plaintiff, Oldcastle Precast, Inc.'s ("Oldcastle"), Response, it is hereby ORDERED that said Motion is DENIED as moot.

It is FURTHER ORDERED that:

1. Oldcastle's alter ego and participation claims (Count VIII of the Amended Complaint) against both the VPMC Principals and Michael Gambone are DISMISSED with prejudice;

2. Oldcastle's Cross-Motion for Reconsideration (Doc. No. 20) is DENIED as untimely;

3. Oldcastle's request to amend its Amended Complaint to include a breach of contract claim against VPMC is DENIED; and

4. Defendants shall have fourteen (14) days from the date of this Order to renew their Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(7) solely on the issue of "indispensable parties, " if they so choose.[1] If Defendants file such a Motion, Oldcastle shall have ten (10) days to file a Response and include any argument concerning this issue that was not included in its Supplemental Brief that was filed on June 26, 2013.


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