United States District Court, Eastern District of Pennsylvania
May 5, 2015
SEENA MOSS and CHASE PARKER, Plaintiffs,
AARON’S, INC., Defendant.
WENDY BEETLESTONE, J.
AND NOW, this 5th day of May, 2015, upon consideration of Plaintiffs’ Motion to Dismiss Defendant’s Counterclaims Pursuant to Rule 12(b)(6) (ECF No. 38), the briefing thereon and the opposition thereto, it is ORDERED that:
Plaintiffs’ Motion is DENIED as to counterclaims one (breach of contract), two (conversion) and four (unjust enrichment);
As to counterclaim three (fraud), the Motion is GRANTED IN PART AND DENIED IN PART. The Motion is DENIED to the extent the counterclaim alleges fraud against Plaintiffs with respect to the specific pieces of electronic equipment the counterclaim alleges that they fraudulently acquired. The Motion is GRANTED to the extent the counterclaim alleges fraud against other persons with respect to other pieces of equipment and such claims are DISMISSED WITHOUT PREJUDICE.