Foster v. Attias

Full title: RACHEL FOSTER, ET AL., Plaintiffs, v. MOSHE ATTIAS, ET AL., Defendants…

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

Date published: May 12, 2023

Civil Action 18-4853 (E.D. Pa. May. 12, 2023)

Opinion

Civil Action 18-4853 19-866

05-12-2023

RACHEL FOSTER, ET AL., Plaintiffs, v. MOSHE ATTIAS, ET AL., Defendants. MOSHE ATTIAS and MARION COURT, LLC, Plaintiffs, v. 532 BROOKLYN, LLC and ALAIN KODSI, Defendants.

MITCHELL S. GOLDBERG, J.

ORDER

MITCHELL S. GOLDBERG, J.

AND NOW, this 12^th day of May, 2023, upon consideration of (1) the Foster Parties' Motion for Summary Judgment (Civ. A. No. 18-4853, Doc. No. 183; Civ. A. No. 19-866, Doc. No. 122) and the Attias Parties' Response (Civ. A. No. 18-4853, Doc. No. 186; Civ. A. No. 19866, Doc. No. 123), and (2) the Attias Parties' Motion for Partial Summary Judgment (Civ. A. No. 18-4853, Doc. No. 182) and the Foster Parties' Response (Civ. A. No. 18-4853, Doc. No. 185), it is hereby ORDERED that:

1. The Foster Parties' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows:

a. Summary judgment is GRANTED in favor of the Foster Parties on Count I of the Attias Amended Complaint.¹

b. Summary judgment is GRANTED in favor of the Foster Parties on Count III of the Attias Amended Complaint and Count I of the Attias Amended Counterclaim.²

c. Summary judgment is GRANTED in favor of the Foster Parties on Count IV of the Attias Amended Complaint.

d. Summary judgment is GRANTED in favor of the Foster Parties on Count V of the Attias Amended Complaint

e. Summary judgment is DENIED on Counts VII and VIII of the Attias Amended Complaint.

f. Summary judgment is DENIED to the extent the Foster Parties allege a failure to make Rule 26(a)(1)(A) disclosures.

g. Count VI of the Attias Amended Complaint is deemed voluntarily withdrawn based on the Attias Parties' representation.

1 The “Attias Amended Complaint” refers to the operative complaint in Civil Action No. 19866.

2 The “Attias Amended Counterclaim” refers to the counterclaim complaint in Civil Action No. 18-4853.

2. The Attias Parties' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART as follows:

a. Summary Judgment is DENIED on Counts I, VII, and VIII of the Attias Amended Complaint. b. Summary Judgment is GRANTED on Counts I and II of the Foster Amended Complaint.