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Sni Enterprises, LLC v. Jft Enterprises

United States District Court, Third Circuit

May 2, 2013

SNI ENTERPRISES, LLC, Plaintiff,
v.
JFT ENTERPRISES, et al., Defendants.

OPINION

WILLIAM J. MARTINI, District Judge.

Plaintiff SNI Enterprises, LLC ("SNI") brings this action against Defendants JFT Enterprises ("JFT") and John F. Tornese, Jr. ("Tornese"). This matter comes before the Court on Defendants' motion to dismiss Counts 5, 7 and 8 of the Complaint under Federal Rule of Civil Procedure 12(b)(6), motion for a more definite statement for Counts 1, 2, 3, 4, 6, 9, and 10 under Federal Rule of Civil Procedure 12(e), and motion to transfer venue under Federal Rule of Civil Procedure 12(b)(3). There was no oral argument. Fed.R.Civ.P. 78(b). For the reasons set forth below, Defendants' motion to dismiss Counts 5, 7 and 8 is GRANTED; Defendants' motion for a more definite statement is GRANTED; and Defendants' motion to transfer venue is DENIED.

I. BACKGROUND

The following facts are drawn from the Complaint.[1] Plaintiff SNI is a New Jersey limited liability company. Compl. § 1. SNI's principal member is Samantha N. Iorio, who lives in Montville, New Jersey. Id. Defendant JFT is a Pennsylvania corporation. Id. Defendant Tornese is a Pennsylvania citizen who is the sole member of JFT. Id. § 8. Defendants regularly conduct business in New Jersey. Compl. § 9.

Although the Complaint is difficult to follow, the Court has pieced together the following facts from various parts of the Complaint. In March and April of 2011, representatives of SNI engaged in negotiations with Tornese over the formation of a business association. Compl. § 14. On May 11, 2011, SNI and JFT entered into an agreement. Compl. § 17.[2] The agreement was "formed in the State of New Jersey." Compl. § 6. Pursuant to this contract, SNI agreed to purchase 33 automated teller machines ("ATMs") from JFT in exchange for $100, 000. Compl. §§ 15, 17. SNI authorized JFT and Tornese to place the ATMs at locations selected by them. Compl. § 19. Defendants placed the ATMs in New Jersey, New York, Connecticut, and Pennsylvania. Compl. § 6. Apparently either Iorio or another (unidentified) representative from SNI received assurances from JFT that the ATMs would return a profit of $3, 300 a month. Compl. § 16. The Complaint alleges that SNI did not receive the profits it was owed.[3] The Complaint also alleges that SNI demanded a return of its investment from Defendants, but that Defendants refused to return any part of the initial investment. Compl. § 23.

II. DISCUSSION

Plaintiff's Complaint asserts 10 causes of action:

(1) Count 1: Breach of Contract;
(2) Count 2: Failure to Account for Funds;
(3) Count 3: Breach of Warranty and Fraud;
(4) Count 4: Unfair Trade Practices;
(5) Count 5: Theft by Failure to Make Required Disposition of Funds Received;
(6) Count 6: Dishonest, Deceptive, and Fraudulent ...

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