CARPENTER TECHNOLOGY CORP. v. ALLEGHENY TECHNOLOGIES

LAWRENCE STENGEL, Judge

AND NOW, this 15th day of July, 2009, upon consideration of the defendants' Motion to Dismiss (Document #33) and the plaintiff's response thereto, it is hereby ORDERED that the motion is GRANTED IN PART and DENIED IN PART, as follows:

1. The motion to dismiss Count VII for failure to plead a relevant market is GRANTED, and the count is DISMISSED WITHOUT PREJUDICE. The plaintiff shall have fourteen (14) days from the date of this Order to amend its pleadings with respect to the definition of the relevant market;

2. The motion to dismiss the conspiracy to monopolize claim contained in Count VII is GRANTED, and the claim is DISMISSED;

3. The motion to dismiss the attempted monopolization claim contained in Count VII is DENIED;

4. The motion to dismiss Count VIII is DENIED.