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Real Property: Other | Pennsylvania Middle
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
ORDER granting 131 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 131 Motion to Strike. In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT: 1.The plaintiffs motion to dismiss (Doc. 131) is GRANTED; 2.The counterclaims asserted by the Abernathy defendants in their answer (Doc. 126, at 2536) are hereby DISMISSED for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure; and3.The plaintiffs motion to strike (Doc. 131) is GRANTED in part and DENIED in part. The plaintiffs motion to strike is GRANTED as to affirmative defenses 6, 8, 10, 11, 12, 13, 14, 16, 20, 22, 23, 25, 26, 27, and 29, and DENIED as to affirmative defenses 1, 4, 7, 9, and 15. Signed by Honorable Joseph F. Saporito, Jr on 7/14/26 (ms)
Memorandum (Order to follow as separate docket entry)
MEMORANDUM (Order to follow as separate docket entry) re 131 First MOTION to Dismiss for Failure to State a Claim As to Abernathy CounterclaimsFirst MOTION to Strike 126 Answer to Complaint, Counterclaim Affirmative Defenses Pursuant to Rule 12(f) filed by Lori Dring, Nancy Asaro. For the foregoing reasons, Dring and Asaros motion to dismiss will be granted in its entirety, and their motion to strike will be granted in part and denied in part. The motion to strike will be granted as to affirmative defenses 6, 8, 10, 11, 12, 13, 14, 16, 20, 22, 23, 25, 26, 27, and 29. The motion to strike will be denied as to affirmative defenses 1, 4, 7, 9, and 15.An appropriate order follows. Signed by Honorable Joseph F. Saporito, Jr on 7/14/26. (ms)
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