ALLEGHENY VALLEY BANK OF PITTSBURGH v. POTOMAC EDUCATIONAL FOUNDATION, INC et al

Filing 55

ORDER: Defendants' Motions to Dismiss [ECF 34] are denied without prejudice and the parties are permitted until May 9, 2014, to conduct discovery relevant to the issue of the propriety of this Court's exercise of personal jurisdiction over each of the individually named Defendants, including, where appropriate, the application of the fiduciary shield doctrine. At the close of this limited discovery, Defendants may renew their Motions to Dismiss pursuant to both Rules 12(b)(2) and 12(b )(6) of the Federal Rules of Civil Procedure ; Motions terminated: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND UNDER RULE 12(b)(2) AND 12(b)(6) FOR LACK OF JURISDICTION filed by JOAN DALY, WILLIAM J. SOLOMON, ROGER C. GURNER, CHRISTOPHER V. FEUDO, DAVID OXENHANDLER, THOMAS SAPIENZA, HUGH KOMINARS Signed by Magistrate Judge Maureen P. Kelly on 3/25/2014. (ndf )

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

ALLEGHENY VALLEY BANK OF
PITTSBURGH, a Pennsylvania financial
Institution,
Plaintiff,
vs.
POTOMAC EDUCATIONAL
FOUNDATION, INC., a Delaware
Corporation doing business as
UNIVERSITY OF FAIRFAX; VIENNA
EDUCATIONAL SERVICES, INC., a
Delaware Corporation; CHRISTOPHER
V. FEUDO, an individual; ROGER C.
GURNER, an individual; HUGH
KOMINARS, an individual; THOMAS
SAPIENZA, an individual; WILLIAM J.
SOLOMON, an individual; DAVID
OXENHANDLER, an individual; JOAN
DALY, an individual; RICHARD L.
HENDERSHOT, CPA, P.C., a Virginia
Corporation trading as HENDERSHOT,
BURKHARDT & REED, CERTIFIED
PUBLIC ACCOUNTANTS,
Defendants.

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Civil Action No. 13-818
Magistrate Judge Maureen P. Kelly

ORDER
Defendants Christopher V. Fuedo, Roger A. Gurner (identified as “Roger C. Gurner” in
Plaintiff’s Complaint), Hugh Kominars, Thomas Sapienza, William J. Solomon, David
Oxenhandler and Joan Daly, have filed a Motion to Dismiss pursuant to Rule 12(b)(2) for lack of
personal jurisdiction and Rule 12(b)(6) for failure to state a claim. As to Rule 12(b)(2),
Defendants contend that their contacts with the Commonwealth of Pennsylvania and the specific
transactions which underlie this action are insufficient to subject any of them to the personal

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jurisdiction of this Court. In response, Plaintiff Allegheny Bank of Pittsburgh has requested leave
to conduct limited discovery as to this Court’s exercise of personal jurisdiction over each of the
individually named Defendants.
Accordingly, this 25th day of March 2014, IT IS HEREBY ORDERED, in the interest of
justice, the Defendants’ Motion to Dismiss is denied without prejudice and the parties are
permitted until May 9, 2014, to conduct discovery relevant to the issue of the propriety of this
Court’s exercise of personal jurisdiction over each of the individually named Defendants,
including, where appropriate, the application of the fiduciary shield doctrine. At the close of this
limited discovery, Defendants may renew their Motion to Dismiss pursuant to both Rules
12(b)(2) and 12(b)(6) of the Federal Rules of Civil Procedure.

BY THE COURT:

/s/ Maureen P. Kelly
United States Magistrate Judge

cc:

All Counsel of Record Via CM-ECF

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