Liberty Salad, Inc. v. Groundhog Enters., Inc.

Full title: LIBERTY SALAD, INC., et al v. GROUNDHOG ENTERPRISES, INC.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Sep 21, 2018

CIVIL ACTION No. 17-CV-226 (E.D. Pa. Sep. 21, 2018)

Opinion

CIVIL ACTION No. 17-CV-226

09-21-2018

LIBERTY SALAD, INC., et al v. GROUNDHOG ENTERPRISES, INC.

J. WILLIAM DITTER, JR., J.

ORDER

AND NOW, this 21^st day of September, 2018, IT IS HEREBY ORDERED that:

1. The motion of Groundhog Enterprises, Inc., for summary judgment (Dkt. #46) is REFUSED. The parties were not subject to an express written contract and consideration of the plaintiffs' other claims is premature.

2. The motion of Liberty Salad, Inc., and Eighth Street Salad, Inc., for summary judgment (Dkt. #47) is hereby GRANTED. The parties created an implied contract under the following terms:

In return for Lynx's processing services, Liberty Salad, Inc., and Eighth Street Salad, Inc., agreed to pay:
1.) a flat rate fee of 1.99 % for all Visa, Mastercard, and Discover transactions;
2.) a $4.95 monthly Statement Fee; and
3.) for 48 months, a monthly fee of $59.99 for processing equipment.

Lynx agreed to reimburse Liberty Salad, Inc., and Eighth Street Salad., Inc., for up to $495 paid to former servicers for terminating them.

3. Discovery shall proceed on Counts two (unjust enrichment), three (breach of an implied covenant, and five (fraud).

BY THE COURT:

/s/ J . William Ditter, Jr.

J. WILLIAM DITTER, JR., J.