THE CHOWNS GROUP, LLC v. Grimberg Co., Inc. et al, No. 2:2022cv02238 - Document 36 (E.D. Pa. 2024)
Court Description: MEMORANDUM OPINION ORDER THAT DEFENDANT'S MOTION IS GRANTED. COUNTS I AND II OF PLAINTIFFS FIRST AMENDED COMPLAINT ARE DISMISSED WITH PREJUDICE. COUNT IV OF PLAINTIFFS FIRST AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE. THE PARTIES SHALL SUB MIT THE CLAIMS IN COUNTS III, V, AND VI OF THE FIRST AMENDED COMPLAINT TO ARBITRATION PURSUANT TO THE TERMS OF THE PARTIES CONTRACT. ALL PROCEEDINGS IN THIS ACTION ARE STAYED PENDING ARBITRATION OF THE PLAINTIFFS CLAIMS IN COUNTS III, V, AND VI OF TH E FIRST AMENDED COMPLAINT. COUNSEL SHALL IMMEDIATELY NOTIFY THE CLERK WITHIN THIRTY DAYS OF THE RESOLUTION OF THE ARBITRATION PROCEEDING. THE CLERK OF COURT SHALL CLOSE THIS ACTION ADMINISTRATIVELY. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 1/30/24. 1/31/24 ENTERED AND COPIES E-MAILED.(amas)
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THE CHOWNS GROUP, LLC v. Grimberg Co., Inc. et al Doc. 36 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THE CHOWNS GROUP, LLC : : : : : : : v. JOHN C. GRIMBERG CO., INC., STEVEN J. GRIMBERG, HENRY DANFORTH, JAMES L. GRAHAM, and JERRY ELMORE CIVIL ACTION NO. 22-2238 ORDER NOW, this 30th day of January, 2024, upon consideration of the Defendants’ Motion to Dismiss Counts I, II, III, V, and VI of Plaintiff’s Amended Complaint (Doc. No. 26), the plaintiff’s response, and the defendants’ reply, and after oral argument, it is ORDERED that the motion is GRANTED. IT IS FURTHER ORDERED as follows: 1. Counts I and II of plaintiff’s First Amended Complaint are DISMISSED WITH PREJUDICE. 2. Count IV of plaintiff’s First Amended Complaint is DISMISSED WITHOUT PREJUDICE. 3. The parties shall submit the claims in Counts III, V, and VI of the First Amended Complaint to arbitration pursuant to the terms of the parties’ contract; 4. All proceedings in this action are STAYED pending arbitration of the plaintiff’s claims in Counts III, V, and VI of the First Amended Complaint; 5. Counsel shall immediately notify the Clerk within thirty days of the resolution of the arbitration proceeding; and, 6. The Clerk of Court shall CLOSE this action administratively. Dockets.Justia.com
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