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Case 3:13-cv-00366-JHM-DW Document 1 Filed 03/29/13 Page 1 of 5 PageID #: 1

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY

LOUISVILLE DIVISION

Electronically Filed









Case No.

3:13CV-366-JHM

TAMPA SUPERSTOP, LLC

3401 E. Lake Ave.
Tampa, FL 33610



Plaintiff

v.

















NATIONAL PROCESSING COMPANY







CT Corporation, Registered Agent
306 West Main Street
Frankfort, KY 40601

Defendant.

COMPLAINT

1.

This is an action for breach of contract, conversion, and unjust enrichment

by a merchant plaintiff Tampa Superstop, LLC (“Tampa Superstop”), against a credit

card processing company, defendant National Processing Company (“NPC”).

I. The Parties

2.

Plaintiff Tampa Superstop is a Florida limited liability company with a

principal place of business at 3401 East Lake Avenue, Tampa, FL 33610. Tampa

Superstop is a citizen of the State of Florida.

Case 3:13-cv-00366-JHM-DW Document 1 Filed 03/29/13 Page 2 of 5 PageID #: 2

3.

Defendant NPC is a Nebraska corporation with a principal place of

business at 5100 Interchange Way, Louisville, KY 40229. NPC is a citizen of the State

of Nebraska and the Commonwealth of Kentucky.

II. Jurisdiction and Venue

This Court has jurisdiction pursuant to 28 U.S.C. § 1332.

This Court has venue pursuant to 28 U.S.C. § 1391 because the events at

4.

5.

issue took place in part in this District and because the defendant is a resident of this

district.

III. Facts



6.

In or about August 2011, Tampa Superstop entered a Merchant Agreement

for NPC to process credit card payments from Tampa Superstop customers. A copy of

the Merchant Agreement is attached as Ex. 1.



7.

Under the Merchant Agreement, the credit card payments of Tampa

Superstop customers would be processed by NPC, then paid to Tampa Superstop after

deducting NPC’s fee.



8.

Tampa Superstop has at all times complied with its obligations under the

Merchant Agreement.



9.

On February 10, 2012, without notice or explanation, NPC terminated the

Merchant Agreement.



10.

NPC has retained and refused to return over $118,000 in customer charges

which it should have paid to Tampa Superstop.

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11.

Despite repeated requests, NPC has refused to return the funds owed to

Tampa Superstop.

IV. Claims for Relief

Count I

Breach of Contract



12.

Tampa Superstop realleges the facts set forth above in paragraphs 1-11 as

if fully described herein.



13.

Tampa Superstop entered a contract with NPC for NPC to process credit

card payments and forward the proceeds to Tampa Superstop.





14.

15.

NPC has breached that contract.

NPC’s breach has caused injury to Tampa Superstop, in an amount to be

proven at trial.

Count II
Conversion



16.

Tampa Superstop realleges the facts set forth above in paragraphs 1-15 as

if fully described herein.



17.

Tampa Superstop had legal title and the right to possess the proceeds from

the credit card transactions by NPC.



18.

NPC has exercised dominion of the proceeds in a manner which has

denied Tampa Superstop’s right to use and enjoy the proceeds and which furthered

NPC’s own use and beneficial enjoyment.



19.

NPC has intentionally interfered with Tampa Superstop’s use and

enjoyment of the proceeds.

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20.

Tampa Superstop has made demand for the return of the proceeds, which

NPC has refused.



21.

NPC’s actions have caused injury to Tampa Superstop, in an amount to be

proven at trial.



22.

NPC’s actions are wanton, willful and grossly negligent, entitling Tampa

Superstop to punitive damages.

Count III

Unjust Enrichment



23.

Tampa Superstop realleges the facts set forth above in paragraphs 1-22 as

if fully described herein.





24.

25.

NPC has been unjustly enriched by retaining Tampa Superstop’s funds.

NPC’s wrongful actions have caused injury to Tampa Superstop, in an

amount to be proven at trial.

V. Prayer For Relief



WHEREFORE, Tampa Superstop respectfully demands judgment against NPC as

follows:

A.

B.

C.

Judgment on Counts 1, 2, and 3, and damages sufficient to
compensate for its injuries;

Punitive damages;

A trial by jury on all issues so triable; and

D.

All other relief to which it may appear entitled.

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Case 3:13-cv-00366-JHM-DW Document 1 Filed 03/29/13 Page 5 of 5 PageID #: 5











Respectfully submitted,



/s/ Kent Wicker



























Kent Wicker







Jennifer A. Schultz
REED WICKER PLLC
Waterfront Plaza
321 West Main Street, Suite 2100
Louisville, Kentucky 40202
(502) 572-2500

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