STEIN v. FENESTRA AMERICA, L.L.C. (E.D.Pa. 3-9-2010)

BERLE SCHILLER, District Judge

AND NOW, this 9^th day of March, 2010, upon consideration of Defendants' Motion to Dismiss, Plaintiff's response thereto, Defendants' reply thereon, and for the reasons set forth in this Court's March 9, 2010 Memorandum, it is hereby ORDERED that:

1. Defendants' Motion to Dismiss (Doc. No. 4) is GRANTED in part and DENIED in part.

a. Defendants' Motion to Dismiss Count II, Count III, and Count IV of Plaintiff's Amended Complaint is GRANTED.

b. Defendants' Motion to Dismiss Count V and Count VI with respect to Zeluck, Inc., and Count VII in its entirety is DENIED without prejudice.

2. Plaintiffs are hereby granted 30 days to conduct limited discovery on issues relevant to whether the corporate veil should be pierced in this case. Plaintiffs have until April 23, 2010 to further amend their Complaint to allege additional facts supporting their argument that Zeluck and Fenestra are jointly and severally liable for the debts of each other.