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Cimino v. AS Seen On Tv, Inc.

United States District Court, E.D. Pennsylvania

March 16, 2015

MICHAEL CIMINO, Plaintiff,
v.
AS SEEN ON TV, INC., STEVEN A. ROGAI, and RONALD C. PRUETT, JR. Defendants.

ORDER

GERALD AUSTIN McHUGH, District Judge.

This 16th day of March, 2015, upon consideration of Defendants' Motion to Dismiss, Plaintiff's Response, Defendant's Reply, Plaintiff's Sur-Reply, and Defendant's Objection to Plaintiff's Sur-Reply, it is ORDERED as follows:

1. Count IV of Plaintiff's Complaint, alleging Breach of Contract and Covenant of Good Faith and Fair Dealing against ASTV is NOT DISMISSED.
2. Count V of Plaintiff's Complaint, alleging Tortious Interference with Contract against Defendant Pruett is DISMISSED WITHOUT PREJUDICE.
3. Count VI of Plaintiff's Complaint, alleging Violation of Section 10(b) and Rule 10b-5 against Defendant ASTV and Defendant Rogai is DISMISSED WITH PREJUDICE.

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