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My Space Preschool and Nursery, Inc. v. Capitol Indemnity Corporation

United States District Court, E.D. Pennsylvania

March 13, 2015

MY SPACE PRESCHOOL AND NURSERY, INC.
v.
CAPITOL INDEMNITY CORPORATION, ET AL

ORDER

R. BARCLAY SURRICK, District Judge.

AND NOW, this 13th day of March, 2015, upon consideration of Defendant Capitol Indemnity Corporation's Motion to Dismiss the Complaint (ECF No. 2), and Defendant Morgan and Associates, Inc.'s Motion to Dismiss Complaint (ECF No. 6), and all papers submitted in support thereof and in opposition thereto, it is ORDERED as follows:

1. Capitol's Motion is GRANTED in part and DENIED in part. Count I (breach of contract), Count II (violation of the UTPCPL), Count IV (negligent misrepresentation), and Count V (breach of fiduciary duty), are DISMISSED against Capitol. The Motion is denied in all other respects.
2. Morgan's Motion is GRANTED in part and DENIED in part. Count II (violation of the UTPCPL) is DISMISSED. Morgan's Motion as to Count IV (negligence) and Count V (breach of fiduciary duty) is DENIED.
3. Morgan's Motion to Strike is GRANTED in part and DENIED in part. Morgan's request to strike punitive damages is DENIED as moot. Morgan's request to strike attorney's fees is GRANTED. Morgan's request to strike incidental damages is DENIED.

IT IS SO ORDERED.


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