-1- IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CARL EVANS, et al., : CIVIL ACTION : NO. 10-1679 Plaintiffs, : : v. : : LINDEN RESEARCH, INC., et al, : : Defendants. : M E M O R A N D U M EDUARDO C. ROBRENO, J. FEBRUARY 3, 2011 INTRODUCTION Plaintiffs Carl Evans, Donald Spencer, Valerie Spencer, and Cindy Carter (collectively “Plaintiffs”) initiated this contract and tort action against Defendants Linden Research, Inc. (the “Linden”) and Philip Rosedale (“Rosedale”), (collectively “Defendants”) on Defendants bring three motions: (1) Motion to Dismiss Count I, arguing that Plaintiffs did not file their Complaint appropriately under
