United States District Court, W.D. Pennsylvania
June 9, 2015
ALARMAX DISTRIBUTORS, INC., Plaintiff,
HONEYWELL INTERNATIONAL, INC., Defendant.
MEMORANDUM ORDER Re: ECF No. 18.
DAVID STEWART CERCONE, District Judge.
AND NOW, this 9th day of June, 2015, after Plaintiff filed an action in the above-captioned case, and after Defendant filed a Motion to Dismiss, ECF No. 18, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge giving the parties until May 21, 2015 to file written objections thereto, and upon consideration of the objections filed by Defendant, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (ECF No. 18) is GRANTED in part and DENIED in part. The Motion is GRANTED insofar as AlarMax bases its breach of contract claim on breaches of Section 5(f) of the Settlement Agreement or any of the identified sections of the Supply Agreement by Honeywell, and DENIED in all other respects.