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17-435 - Philadelphia Indemnity Insurance Company v. Ohana Control Systems, Inc.


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17-435 - Philadelphia Indemnity Insurance Company v. Ohana Control Systems, Inc.
January 30, 2018
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ORDER Granting Plaintiff Philadelphia Indemnity Insurance Company's 18 Motion To Dismiss Defendants Ohana Control Systems, Inc., Amir Borochov, and Linda Kinjo's Counterclaim. Philadelphia's Motion to Dismiss Defendants' Counterclaim is GRANTED. Defendants are given leave to amend their Counterclaim consistent with this order. That is, Defendants may file amended claims of breach of contract, bad faith, misrepresentation, and unjust enrichment. Any Amended Counterclaim must comply with Rule 8(a) and Rule 9(b) of the Federal Rules of Civil Procedure. Any Amended Counterclaim should clearly identify the claim(s) being asserted, and the factual basis or bases for each claim. That is, any Amended Counterclaim must allege facts demonstrating what Philadelphia did to harm Defendants with respect to each claim asserted. Any Amended Counterclaim must be filed no later than February 21, 2018. Signed by JUDGE SUSAN OKI MOLLWAY on 1/30/18. (cib, )>CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive el