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Contract: Other | Pennsylvania Western
Answer to Complaint
ANSWER to 1 COMPLAINT, by LINAK U.S. INC.. (Attachments: # 1 Certificate of Service) (Castello, Brian)
Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim
ORDER OF COURT - Upon due consideration of Defendant's Partial Motion to Dismiss at ECF No. 18 , as well as the briefs at ECF Nos. 19 , 24 , 25 , and 26 -1 and the arguments during today's proceeding, IT IS HEREBY ORDERED that the Motion at ECF No. 18 is DENIED. In determining whether Plaintiff's Complaint states a claim at Counts V, VI, and VII, the court has "accept[ed] all well-pleaded allegations as true and draw[n] all reasonable inferences in favor of [UMF]." Further, the Court has "disregard[e]d threadbare recitals of the elements of a cause of action, legal conclusions, and conclusory statements." When the Court applies this standard and all other relevant legal provisions, include Rule 9(b) of the Federal Rules of Civil Procedure, the Court finds that Plaintiff's claims at Count V, Count VI, Count VII, as well as its claim for punitive damages, survive Defendant's Partial Motion to Dismiss. IT IS FURTHER ORDERED that Defendant shall file its Answer to Plaintiff's Complaint at ECF No. 1 on or before September 10, 2026. Signed by Judge Stephanie L. Haines on 8/27/2026. (dlg)
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