United States District Court, E.D. Pennsylvania
April 6, 2004.
DR. ERNEST CAMPONOVO, Plaintiff,
SALIM HAYEK, TIMOTHY L. SPRAGUE, and JOSEPH SAPONARO, Defendants
The opinion of the court was delivered by: RONALD BUCKWALTER, District Judge
AND NOW, this 6th day of April, 2004, upon consideration of Defendant
Salim Hayek's Motion to Dismiss and Motion for a More Definitive
Statement (Docket No. 4), Plaintiff Ernest Camponovo's opposition thereto
(Docket No. 7) and Defendant Hayek's reply to Plaintiff's opposition
(Docket No. 8), it is hereby ORDERED that Defendant's Motion is DENIED.
Plaintiff's sole cause of action is under the Pennsylvania Wage Payment
Collection Law ("PWPCL") where he is attempting to collect a money
judgment from the Officers of Prometheus Health Imaging, Inc.
("Prometheus"), where a judgment was previously entered against
Prometheus, but where Prometheus has not paid the judgment. Plaintiff is
not attempting to relitigate whether there was a breach of the employment
contract. Accordingly, the employment contract is not an issue in this
Additionally, Hayek has prematurely asked the Court to determine
whether he can be held liable under the PWPCL for Prometheus' debts.
Based on the authority that Hayek submitted to the Court, such a determination requires findings of