SELTZER v. DUNKIN' DONUTS, INC. (E.D.Pa. 4-21-2011)

GENE PRATTER, District Judge

AND NOW, this 20^th day of April, 2011, upon consideration of Defendants' Motion to Dismiss (Docket No. 10), it is hereby ORDERED that the Motion is GRANTED in PART and DENIED in PART, as follows:

1. The Motion is GRANTED with regard to Counts II, VI, X and XIV of the Complaint, which present third-party beneficiary claims on behalf of Plaintiffs AAA Development Management, AAA Development Group, AAA Yowza and Yowza Enterprises (collectively, "the Entity Plaintiffs"); and Counts IV, VIII, XII and XVI of the Complaint, which present tortious interference claims on behalf of the Entity Plaintiffs.

2. The Motion is DENIED with regard to Counts III, VII, XI and XV of the Complaint, which present promissory estoppel claims on behalf of the Entity Plaintiffs; and Counts V, IX, XIII and XVII of the Complaint, which present fraudulent misrepresentation claims on behalf of the Entity Plaintiffs.