IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
CHERYL WIGGINS,
Plaintiff/Counterclaim
Defendant,
v, C.A. No. N15C-01-186 CLS
PHYSIOLOGIC ASSESSMENT
SERVICES, LLC, and
Defendant/Counterclaim
Plaintiff,
JORDAN KLEAR,
\_/\_/\_/\_/\_/\_/\_/\_/§/\_/\_/\_/§/\_/\./€
Defendant.
Date Submitted: March 2, 2016
Date Decided: June 3, 2016
On Defendant Jordan Klear’s Motion to Dismiss for
Lack of Personal Jurisdicti0n Pursuant to Rule 12(b)(2). GRANTED.
_ OPINIQI§IM
John G. Harris, Esquire, Berger Harris LLP, Wilmington, Delaware, Attorney for
Plaintiff/Counterclaim Defendant.
Lauren E.M. Russell, Esquire, Margaret M. DiBianca, Esquire, Young, Conaway,
Stargatt & Taylor, LLP, Wilmington, Delaware, Attorneys for Defendant Jordan
Klear.
SCOTT, J.
Defendant Jordan Klear ("Klear") has moved to dismiss Plaintiff’s, Cheryl
Wiggins ("Plaintiff"), amended complaint for lack of personal jurisdiction pursuant
to Superior Court Civil Rule l2(b)(2). For the following reasons, Klear’s Motion
to Dismiss is GRANTED.
Backg_round
This action arises from the termination of Plaintiff’ s employment at
Physiologic Assessment Services, LLC ("PAS"), in December of 2014. Plaintiff
filed her initial complaint on January 23, 20l5, solely against PAS, asserting
claims for breach of contract, promissory estoppel, and violation of Pennsylvania’s
Wage Payment and Collection Law ("WPCL"). On July 22, 2015, Plaintiff filed
an amended complaint, adding Klear as a co-defendant to the action and alleging
personal liability against him, as chief executive officer ("CEO") of PAS, for the
WPCL claims only. The amended complaint asserts that personal jurisdiction over
Klear is authorized by 6 Del. C. § 18-109 based on his status as officer and
manager of PAS, a DelaWare limited liability company. On August 18, 2015,
Klear filed his Motion to Dismiss the amended complaint, and Plaintiff filed a
Response in Opposition to Klear’s Motion on December 7, 2015.'
PAS is a DelaWare limited liability company that maintains its principal
place of business in Pennsylvania and the Corporation Trust Company as
1