Weisz
Qwest Communications Corp. v. Weisz
Opinion
Opinion
Brewster, J.
ORDER DENYING DEFENDANT JONATHAN WEISZ’S MOTION TO DISMISS
I. Statement of the Case
This is a motion by Defendant Jonathan Weisz for dismissal of the Complaint pursuant to Fed.R.Civ.P. 12(b)(6). A hearing on the motion took place on Monday, July 21, 2003. Michael R. Heimbold, Esq., represented the Plaintiff, and James R. Ballard, Esq., appeared for Defendant Jonathan Weisz. For the reasons enumerated below, the Court denies the Defendant’s motion in its entirety.
II. Factual Background
Defendant Jonathan Weisz, a citizen of California, was the president and majority shareholder of Defendant New Media Telecommunications, Inc. (“New Media”). Between October, 1998 and October, 1999, New Media purchased more than $4 million in telecommunications services from Plaintiff Qwest Communications Corp. (“Qwest”), a Delaware corporation. New Media defaulted on its payment obligation and Qwest sued in the Circuit Court of Virginia. On October 28, 1999, Qwest obtained a judgment against New Media for $4,328,238.00.
In November, 1999, New Media ceased doing business and filed an assignment for the benefit of creditors pursuant to California state law. Qwest alleges that it never received…