ADAMEK v. FIREWORKS SOFTWARE, INC.

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TARA ADAMEK AND GIOVANNI 	: 	CIVIL ACTION
PACHECO, individually and on behalf 	:
of all others similarly situated, 	: 	NO. 24-5185
Plaintiffs, 	:
:
v. 	:
:
FIREWORKS SOFTWARE, INC., 	:
Defendant. 	:
ORDER
AND NOW, this 8th day of October 2026, upon consideration of Defendant Fireworks
Software, Inc.’s motion to dismiss for failure to state a claim, (ECF 24), and Plaintiffs Tara
Adamek and Giovanni Pacheco’s response in opposition, (ECF 28), it is hereby ORDERED that,
for the reasons set forth in the accompanying Memorandum Opinion, the motion is DENIED as
to COUNT I, (negligence and negligence per se claims), COUNT II (breach of contract), and
COUNT III (unjust enrichment /quasi contract), and is GRANTED as to COUNT IV (violation
of New Jersey Consumer Fraud Act).
BY THE COURT:
/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court
Case 2:24-cv-05185-NIQA Document 34 Filed 10/08/26 Page 1 of 1