ABC CAPITAL INVESTMENTS, LLC v. NATIONWIDE RENTSURE et al

Filing 62

MEMORANDUM AND ORDER DEFENDANT NATIONWIDE RENTSURE RENT PROTECTION ASSOCIATION, INC.'S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS 54 IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE JOHN R. PADOVA ON 12/16/19. 12/17/19 ENTERED AND COPIES MAILED & E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ABC CAPITAL INVESTMENTS, LLC : : v. : : NATIONWIDE RENTSURE, et al. : --------------------------------------------------------- : NATIONWIDE RENTSURE RENT : PROTECTION ASSOCIATION, INC. : : v. : : NATIONWIDE COURT SYSTEMS, LLC : CIVIL ACTION NO. 17-4980 ORDER AND NOW, 16th day of December, 2019, upon consideration of Defendant Nationwide RentSure Rent Protection Association, Inc.’s (“Rentsure’s”) Motion for Partial Judgment on the Pleadings (Docket No. 54), and all documents filed in connection therewith, and for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows: 1. The Motion is GRANTED insofar as it seeks judgment on the pleadings in Rentsure’s favor on Counts II (unjust enrichment) and IV (civil conversion) of Plaintiff ABC Capital Investments, LLC’s Complaint. 2. In light of Defendant Nationwide Eviction, LLC’s joinder in Rentsure’s Motion, we also grant judgment on the pleadings in Nationwide Eviction’s favor on Counts II and IV of Plaintiff’s Complaint. 3. Counts II and IV of the Complaint are DISMISSED. 4. In all other respects, Rentsure’s Motion is DENIED. 5. We deny any relief to Third-Party Defendant Nationwide Court Systems, LLC, which also joined in Rentsure’s Motion. BY THE COURT: /s/ John R. Padova, J. John R. Padova, J. 2

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