to Dismiss Epstein et al. Is. Fancelli Paneling, Inc. Case No. ST-10-CV-443 Plaintiffs. However, the duty owed by Defendant to Molyneux under the Molyneux Fancelli Agreement transferred to Plaintiffs, as the intended third party beneficiaries (discussed above) of that agreement. In re Kaplan, 143 F.3d 807, 813