ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 20th day of April, 2012, upon consideration of the Motion of Defendants William Luby and Alasdair Ritchie to Dismiss Counts V and VI of Plaintiff's Amended Complaint (Document No. 8, filed August 23, 2011) and Plaintiff's Answer to Motion to Dismiss Counts V and VI of the Amended Complaint Filed by Defendants William Luby and Alasdair Richie (Document No. 19, filed September 6, 2011), for the reasons set forth in the Memorandum dated April 20, 2012, IT IS ORDERED the Motion of Defendants William Luby and Alasdair Ritchie to Dismiss Counts V and VI of Plaintiff's Amended Complaint is GRANTED IN PART and DENIED IN PART as follows:

1. The Motion of Defendants William Luby and Alasdair Ritchie to Dismiss Counts V and VI of Plaintiff's Amended Complaint is GRANTED with respect to all of the allegations in Count V of the Amended Complaint except for paragraphs 50-52; and

2. The Motion of Defendants William Luby and Alasdair Ritchie to Dismiss Counts V and VI of Plaintiff's Amended Complaint is DENIED with respect to Count VI of the Amended Complaint.

IT IS FURTHER ORDERED that defendants Hose Holdings, LLC, and Waterways Franchise, LLC, are dismissed as defendants on the grounds that no claims are asserted against them in the Amended Complaint. The caption of this case is thus AMENDED to read as follows:

CIVIL ACTION

IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in due course.