ASPEN SPECIALITY INSURANCE COMPANY v. HOSPITALITY SUPPORTIVE SYSTEMS, LLC

2:16-cv-01133 | E.D. Pa. | Jun 9, 2016

Case 2:16-cv-01133-JD Document 19 Filed 06/09/16 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ASPEN SPECIALTY INS. CO. : CIVIL ACTION : v. : : HOSPITALITY SUPPORTIVE : SYSTEMS, LLC : 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.