IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MICHAEL REIS, SR. and )

LAWRENCE J. KATZ, on Their Own ) Civil Action

Behalf and as Assignees of ) No. 05-CV-01651

Weaver Nut Company, Inc., )

 )

Plaintiffs )

 )

vs. )

 )

BARLEY, SNYDER, SENFT )

& COHEN LLC., )

 )

Defendant )

O R D E R

NOW, this 30th day of March, 2007, upon consideration

of Defendant’s Motion to Dismiss Plaintiffs’ Amended Complaint

Pursuant to Fed.R.Civ.P. 12(b)(6), which motion was filed May 2,

2006; upon consideration of Plaintiffs’ Opposition to Defendant’s

Motion to Dismiss Amended Complaint Pursuant to Fed.R.Civ.P.

12(b)(6), which opposition was filed May 19, 2006; upon

consideration of the briefs of the parties; after oral argument

held November 28, 2006; and for the reasons expressed in the

accompanying Opinion, 

IT IS ORDERED that defendant’s motion to dismiss is

granted in part, and denied in part.

IT IS FURTHER ORDERED that defendant’s motion to

dismiss the claim of breach of fiduciary duty brought by

plaintiffs Michael Reis, Sr. and Lawrence J. Katz, in their

individual capacities, against defendant in Count I of

plaintiffs’ Amended Complaint, is granted.

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Count III alleges a cause of action for abuse of process brought

by plaintiffs Reis and Katz, individually, against defendant.

-iiIT IS FURTHER ORDERED that the claim of breach of

fiduciary duty brought by plaintiffs Michael Reis, Sr. and

Lawrence J. Katz, individually, is dismissed from Count I of

plaintiffs’ Amended Complaint. 

IT IS FURTHER ORDERED that defendant’s motion to

dismiss the claim of professional negligence brought by

plaintiffs Michael Reis, Sr. and Lawrence J. Katz, individually,

against defendant in Count II of plaintiffs’ Amended Complaint,

is granted.

IT IS FURTHER ORDERED that the claim of professional

negligence brought by plaintiffs Michael Reis, Sr. and 

Lawrence J. Katz, individually, is dismissed from Count II of

plaintiffs’ Amended Complaint.

IT IS FURTHER ORDERED that defendant’s motion to

dismiss Count III of plaintiffs’ Amended Complaint is granted.1

IT IS FURTHER ORDERED that Count III is dismissed from

plaintiffs’ Amended Complaint. 

IT IS FURTHER ORDERED that defendant’s motion to

dismiss the claim of interference with an advantageous

relationship brought by plaintiffs Michael Reis, Sr. and 

Lawrence J. Katz, individually, against defendant in Count IV of

plaintiffs’ Amended Complaint, is granted.

IT IS FURTHER ORDERED that the claim of interference

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Count V alleges a cause of action for conversion brought by

plaintiffs Reis and Katz, individually, against defendant.

3

As a result of these rulings, the following six claims against

defendant Barley Snyder remain in this lawsuit: Count I: (1) breach of 

fiduciary duty brought by plaintiffs as assignees of the rights of Weaver Nut

Company, Inc. (“Company”); (2) aiding and abetting breach of a fiduciary duty

brought by plaintiffs individually; (3) aiding and abetting breach of a

fiduciary duty brought by plaintiffs as assignees of the Company. Count II:

(4) professional negligence brought by plaintiffs as assignees of the Company. 

Count IV: (5) interference with an advantageous relationship brought by

plaintiffs as assignees of the Company. Count VI: (6) breach of contract

brought by plaintiffs as assignees of the Company. (Defendant did not include

Count VI in its motion to dismiss. Accordingly, Count VI remains in the

Amended Complaint.)

-iiiwith an advantageous relationship brought by plaintiffs Michael

Reis, Sr. and Lawrence J. Katz, individually, is dismissed from 

Count IV of plaintiffs’ Amended Complaint.

IT IS FURTHER ORDERED that defendant’s motion to

dismiss Count V of plaintiffs’ Amended Complaint is granted.2

IT IS FURTHER ORDERED that Count V is dismissed from

plaintiffs’ Amended Complaint.

IT IS FURTHER ORDERED that, in all other respects,

defendant’s motion to dismiss is denied.3

IT IS FURTHER ORDERED that defendant shall have until

April 30, 2007 to file a response to plaintiffs’ Amended

Complaint.

 BY THE COURT:

/s/ JAMES KNOLL GARDNER 

James Knoll Gardner

United States District Judge

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