IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 27, 2012
PREMIER PAYMENTS ONLINE, INC. PLAINTIFF,
PAYMENT SYSTEMS WORLDWIDE, CENTERLINE INTERNATIONAL, LLC,
AMTRAK INTERNATIONAL, S.A., AND PATRIARC HOLDINGS, INC. DEFENDANTS. PAYMENT SYSTEMS WORLDWIDE, PLAINTIFF,
PREMIER PAYMENTS ONLINE, INC.
The opinion of the court was delivered by: Michael M. Baylson, U.S.D.J.
ORDER RE: PREMIER PAYMENT ONLINE, INC.'S MOTION TO DISMISS AND FOR A MORE DEFINITE STATEMENT AND NOW, on this 27th day of January, 2012, upon careful consideration of Premier Payment Online Inc.'s ("PPO") Motion to Dismiss the California Complaint and Certain Counts of the Pennsylvania Counterclaim and for a More Definite Statement, pursuant to Rules 12(b)(6) and 12(e) of the Federal Rules of Civil Procedure (No. 11-CV-3429, ECF No. 31; No. 11-CV-5272, ECF No. 7), and the parties' briefing, and following oral argument held on August 12, 2011, and for the reasons in the accompanying Memorandum of Law, it is hereby ORDERED as follows:
1. PPO's Motion to Dismiss the California Complaint and Certain Counts of the Pennsylvania Counterclaim and for a More Definite Statement is DENIED.
2. The Clerk of Court shall close Civil Action No. 11-5272.
3. Payment Systems Worldwide ("PSW") and Centerline International, LLC ("Centerline") may file an amended counterclaim in Civil Action No. 11-3429, consistent with the attached Memorandum of Law, to add the claim for willful failure to pay commissions under the California Independent Wholesale Sales Representatives Contractual Relations Act, Cal. Civ. Code § 1738.15, which was asserted in the complaint in Civil Action No. 11-5272.
BY THE COURT: Michael M. Baylson
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