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Wen v. Willis

United States District Court, E.D. Pennsylvania

July 31, 2015

HANDONG WEN, Plaintiff,
v.
ROBERT E. WILLIS and FOXCODE, INC., Defendants.

ORDER

WENDY BEETLESTONE, District Judge.

AND NOW, this 31st day of July, 2015, upon consideration of the Defendants Robert E. Willis and Foxcode, Inc.'s Motion to Dismiss the Complaint of Handong Wen [ECF No. 11]; the Plaintiff Handong Wen's response in opposition thereto [ECF No. 12]; and the Defendants' Reply [ECF No. 13], and for the reasons provided in the Court's Opinion of July 31, 2015, IT IS ORDERED as follows:

(1) the motion to dismiss Counts I (fraud), II (fraud in the inducement), III (federal law securities fraud), V (conversion), and VI (misappropriation) is GRANTED; Counts I, II, III, V, and VI of the Plaintiff's Complaint [ECF No. 1] are DISMISSED WITH PREJUDICE;
(2) the motion to dismiss Count VII (breach of fiduciary duty) is GRANTED; Count VII of the Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE;
(3) the motion to dismiss Count IV (Pennsylvania law securities fraud) is DENIED;
(4) the Plaintiff shall be granted leave to file an Amended Complaint; such amended complaint shall be filed no later than August 10, 2015, otherwise the Plaintiff's claim in Count VII will be dismissed with prejudice;
(5) the Defendant SHALL ANSWER the Plaintiff's complaint within the time provided by the Federal Rules of Civil Procedure;
(6) counsel for the parties SHALL APPEAR for a Preliminary Pretrial Conference in Chambers (Room 5918) on August 7, 2015, at 11:30 a.m.

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