Amres Corp. v. Muffoletto

Full title: AMRES CORPORATION v. MICHAEL MUFFOLETTO

Court: United States District Court, E.D. Pennsylvania

Date published: May 21, 2024

Civil Action 24-771 (E.D. Pa. May. 21, 2024)

Opinion

Civil Action 24-771

05-21-2024

AMRES CORPORATION v. MICHAEL MUFFOLETTO

KEARNEY, J.

ORDER

KEARNEY, J.

AND NOW, this 21^st day of May 2024, upon considering Defendants' Motion to dismiss (ECF No. 35) Plaintiffs fourth amended Complaint (ECF No. 30), Plaintiffs Opposition (ECF No. 54), Defendants' Reply (ECF No. 55), and for reasons in today's accompanying Memorandum, it is ORDERED Defendants' Motion (ECF No. 35) is GRANTED in part and DENIED in part requiring we:

1. DISMISS with prejudice:

a. all claims against T2 Financial, LLC for failing to state a claim after several attempts;

b. all claims against Anthony Grothouse and Timothy Johnson for lack of personal jurisdiction over these Ohio citizens who directed their activities outside of Pennsylvania;

c. T2 Financial, LLC, Anthony Grothouse, and Timothy Johnson;

d. the breach of Section VIII of the Non-Solicitation Agreement against Michael Muffoletto;

2. PROCEED on an alleged breach of Section VII claim and breach of fiduciary claim against Michael Muffoletto requiring he file an Answer to the remaining allegations no later than June 4,2024;

3. STRIKE paragraphs 47 and 94 of the fourth amended Complaint (ECF No. 30); and, 4. AMEND the caption as above to reflect the remaining claims against Michael Muffoletto.