United States District Court, E.D. Pennsylvania
July 22, 2015
MICHAEL JACOBS, Plaintiff,
SHARON HALPER; BARRY HALPER; INC.; SOTHEBY’S, INC.; SOTHEBY PARKE BERNET, INC.; SOTHEBY HOLDINGS; SOTHEBY’S; GREY FLANNEL AUCTIONS, INC.; GREY FLANNEL COLLECTIBLES, INC., Defendants.
WENDY BEETLESTONE, J.
AND NOW, this 22nd day of July, 2015, upon consideration of Defendants Sharon Halper and Barry Halper, Inc.’s (jointly, the “Halper Defendants”) Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 27); Defendants Sotheby’s, Inc., Sotheby Parke Bernet, Inc., Sotheby’s Holdings, and Sotheby’s (jointly, the “Sotheby’s Defendants”) Motion to Dismiss Plaintiff’s Amended Complaint (ECF No. 28); the Motion of Defendants Grey Flannel Collectibles, Inc. and Grey Flannel Auctions, Inc. (jointly, the “Grey Flannel Defendants”) Motion to Dismiss Plaintiff’s Amended Complaint (ECF NO. 32); the Plaintiff’s responses thereto (ECF Nos. 39, 40, and 41); and the parties supplemental letter briefs (ECF Nos. 48, 49, and 50), IT IS ORDERED that:
1. The Grey Flannel Defendants’ Motion is GRANTED; all claims against the Grey Flannel Defendants are DISMISSED WITH PREJUDICE;
2. The Sotheby’s Defendants’ and the Halper Defendants’ Motions are GRANTED IN PART AND DENIED IN PART;
a. The Motions to dismiss Plaintiff’s fraud and misrepresentation claim (Count I) are DENIED;
b. Plaintiff’s claim for negligent misrepresentation (Count II) is DISMISSED WITH PREJUDICE;
c. Plaintiff’s claim for violations of New York General Business Code Section 349 (Count III) are DISMISSED WITH PREJUDICE;
d. Plaintiff’s claim for violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, 72 Pa. Cons. Stat. § 201-1 et seq (Count IV) is DISMISSED WITH PREJUDICE;
e. Plaintiff’s claim for unjust enrichment (Count V) is DISMISSED WITH PREJUDICE;