ASPEN SPECIALITY INSURANCE COMPANY v. HOSPITALITY SUPPORTIVE SYSTEMS, LLC

Filing 19

ORDER THAT DEFENDANT'S MOTION TO DISMISS COUNTS I AND II IS DENIED. DEFENDANT'S MOTION FOR A MORE SPECIFIC PLEADING IS DENIED. DEFENDANT'S REQUEST WE DECLINE JURISDICTION OVER COUNTS III, IV, AND V IS DENIED.. SIGNED BY HONORABLE STEWART DALZELL ON 6/9/2016. 6/9/2016 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ASPEN SPECIALTY INS. CO.
v.
HOSPITALITY SUPPORTIVE
SYSTEMS, LLC

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CIVIL ACTION

NO. 16-1133

ORDER
AND NOW, this 9th day of June, 2016, upon consideration of defendant
Hospitality Supportive Systems, LLC’s (“HSS”) motion to dismiss Counts I and II of plaintiff
Aspen Specialty Insurance Company’s (“Aspen”) complaint pursuant to Fed. R. Civ. P. 12(b)(6),
or in the alternative, for a more specific pleading under Fed. R. Civ. P. 9(b), and HSS’s request
that we decline to exercise jurisdiction over Counts III, IV, and V of Aspen’s complaint where
the plaintiff seeks declaratory relief (docket entry # 12), and for the reasons stated in the
accompanying Memorandum, it is hereby ORDERED that:
1.

Defendant’s motion to dismiss Counts I and II of the complaint pursuant

to Fed. R. Civ. P. 12(b)(6) is DENIED;
2.

Defendant’s motion for a more specific pleading under Fed. R. Civ. P.

9(b) is DENIED; and
3.

Defendant’s request that we decline jurisdiction over Counts III, IV, and V

of Aspen’s complaint is DENIED.
BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.