Case Information
*1 Case 2:17-cv-00495-JD Document 60 Filed 07/19/17 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________
: EDDYSTONE RAIL COMPANY, LLC, : CIVIL ACTION
: Plaintiff, : : v. : No. 17-0495
: BRIDGER LOGISTICS, LLC, JULIO RIOS, :
JEREMY GAMBOA, FERRELLGAS :
PARTNERS, L.P., and FERRELLGAS, L.P., :
: Defendants. : __________________________________________:
ORDER AND NOW
, this 19th day of July, 2017, upon consideration of the Motion to
Dismiss filed by Defendants, Julio Rios (“Rios”) and Jeremy Gamboa (“Gamboa”) (Doc. No.
34), and the Motion to Dismiss Plaintiff’s Complaint filed by Bridger Logistics, LLC (“Bridger
Logistics”), Ferrellgas Partners, L.P. and Ferrellgas, L.P. (collectively, “Ferrellgas”) (Doc. No.
35), the Response in Opposition to Defendants’ Motions to Dismiss filed by Plaintiff, Eddystone
Rail Company, LLC (“Eddystone”), and all of the Replies and Sur-Replies thereto, it is hereby
ORDERED that:
1. Rios and Gamboa’s Motion to Dismiss for Lack of Personal Jurisdiction is
DENIED because specific jurisdiction exists over them and they are not
protected by the fiduciary shield doctrine;
2. the Motion to Dismiss for Failure to State a Claim filed by Rios and Gamboa,
and the Motion to Dismiss filed by Bridger Logistics and Ferrellgas, are
DENIED because Eddystone’s Complaint clearly and adequately alleges
Case 2:17-cv-00495-JD Document 60 Filed 07/19/17 Page 2 of 2
colorable claims against each Defendant for Alter Ego, Intentional Fraudulent
Transfer (12 Pa. C. S. § 5104(a)), Constructive Fraudulent Transfer (12 Pa. C. S.
§ 5105), and Breach of Fiduciary Duties of Care and Loyalty to Creditors;
3. the requests for oral argument on the Motions to Dismiss are DENIED because
oral argument is unnecessary; and
4. all Defendants shall file an answer to the Complaint within twenty (20) days of
the date of this Order.
BY THE COURT: /s/ Robert F. Kelly _ ROBERT F. KELLY
SENIOR JUDGE