Monastiero
Monastiero v. Appmobi, Inc.
Opinion
Lead Opinion
Illston, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR FORUM NON CONVENIENS AND PURSUANT TO RULE 12(b)(3)
Currently before the Court is a motion to dismiss filed by defendant appMobi, Inc. Docket No. 13. This motion is scheduled for hearing before the Court on February 7, 2014. Pursuant to Local Rule 7-l(b), the Court determines that the matter is appropriate for resolution without oral argument and VACATES the hearing. For the reasons set forth below, the Court DENIES defendant’s motion to dismiss.
BACKGROUND
Plaintiff Joseph Monastiero is and was at all times relevant herein a resident of California and is a former employee of defendant appMobi, a corporation headquartered in Lancaster, Pennsylvania. Complaint ¶¶ 1-2. Monastiero began working as Vice President of Business Development for appMobi in September, 2010. Id. ¶ 8. Under the terms of Monst-iero’s employment agreement, he was entitled to a 10% commission fee on direct sales and a 5% commission on sales made by others at appMobi. Id. Monastiero’s employment agreement included a governing law clause that specified the law of the Commonwealth of Pennsylvania as the controlling law and the Court of Common Pleas of Lancaster…