PHILADELPHIA — A New Jersey resident is suing Brian Nocenti and John Does 1-5, Pennsylvania collector, citing alleged breach of contract, fraud and unjust enrichment.
Michael Ruggiero filed a complaint on July 20, in the U.S. District Court for the Eastern District of Pennsylvania, against the defendants alleging that they breached their duty of good faith and fair dealings.
The plaintiff alleges that, on May 29, he suffered from significant financial loss and the loss of irreplaceable collection of "Magic: The Gathering" playing cards, as a result of the wrongful conduct of the defendant.
The plaintiff alleges that the defendant schemed to sell the cards at a higher price to another buyer, even though they had a contract, according to the complaint.
He alleges the defendant agreed to sell his rare card collection at a total contract price of $177,415 payable in three years, with request for $70,000 due on the first year.
The plaintiff alleges that Nocenti reneged on the contract and refunded the plaintiff the amount of $40,000 that he had paid to date.
Consequently, plaintiff seeks to enforce the terms of the original contract and purchase the one-of-a-kind collection, according to the complaint.
The plaintiff holds Brian Nocenti and John Does 1-5 responsible because the defendants allegedly caused plaintiff to sell his own irreplaceable collection to finance the agreement.
Further, the defendant alleged that the plaintiff failed to meet the timeline to pay $70,000 despite evidence of exchange of messages with defendant confirming June 26 as the deadline for initial payment, according to the complaint.
The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory and consequential damages, attorney's fees, costs of suit and expenses, and other relief as the court deems just. He is represented by Michael J. Fekete of Montgomery, McCracken, Wlaker & Rhoads LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 18-cv-03047