SEGAL et al v. STRAUSSER ENTERPRISES, INC. et al, No. 2:2007cv04647 - Document 100 (E.D. Pa. 2009)

Court Description: OPINION/ORDER THAT DEFENDANTS' JOINT MOTION TO DISMISS OR STAY LITIGATION AND COMPEL ARBITRATION IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANT LEONARD MELLON SHALL HAVE UNTIL ON OR BEFORE DECEMBER 10, 2009 TO ANSWER PLAINTIFFS' COMPLAINT IN THIS MATTER. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 11/19/09. 11/19/09 ENTERED AND COPIES E-MAILED.(ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KENNETH SEGAL; ADAM SEGAL, as Trustee for and on Behalf of the Karen and Kenneth Segal Descendents Trust; and SEGAL AND MOREL, INC., Plaintiffs vs. STRAUSSER ENTERPRISES, INC.; GARY STRAUSSER; and LEONARD MELLON, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 07-CV-04647 O R D E R NOW, this 19th day of November, 2009, upon consideration of the following motions and documents: (1) Defendants Joint Motion to Dismiss or Stay Litigation and Compel Arbitration, which motion was filed January 4, 2008; (2) Supplemental Memorandum in Support of Defendants Joint Motion to Dismiss or Stay Litigation and Compel Arbitration, which memorandum was filed January 9, 2008; (3) Plaintiffs Opposition to Defendants Joint Motion to Dismiss or Stay Litigation and Compel Arbitration, which opposition was filed January 31, 2008; (4) Reply Memorandum of Defendant Leonard Mellon, Esquire in Support of Defendants Joint Motion to Dismiss or Stay Litigation and Compel Arbitration, which reply was filed September 2, 2008; (5) Plaintiffs Supplemental Opposition to Defendant Leonard Mellon s Motion to Dismiss or Stay Litigation and Compel Arbitration, which supplemental opposition was filed October 10, 2008; (6) Supplemental Memorandum of Defendant Leonard Mellon, Esq. In Support of Motion to Dismiss or Stay Litigation and Compel Arbitration, which supplemental memorandum was filed October 11, 2008; and (7) Supplemental Reply Memorandum of Defendant Leonard Mellon, Esq. In Support of Motion to Dismiss or Stay Litigation and Compel Arbitration, which supplemental reply memorandum was filed October 28, 2008; and for the reasons expressed in the accompanying Opinion, IT IS ORDERED that Defendants Joint Motion to Dismiss or Stay Litigation and Compel Arbitration is denied. IT IS FURTHER ORDERED that defendant Leonard Mellon shall have until on or before December 10, 2009 to answer plaintiffs Complaint in this matter. BY THE COURT: /s/ James Knoll Gardner James Knoll Gardner United States District Judge -ii-

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