KAUFFMAN v. U-HAUL INTERNATIONAL, INC. et al, No. 5:2016cv04580 - Document 34 (E.D. Pa. 2018)

Court Description: OPINION/ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS CASE FROM CIVIL SUSPENSE DOCKET AND RETURN IT TO THE ACTIVE DOCKET. DEFENDANTS' MOTION, ECF NO. 5, IS GRANTED IN PART. THIS CASE REMAINS STAYED PENDING THE OUTCOME OF THE ARBITRATION. THE PARTIES ARE DIRECTED TO PROVIDE JOINT STATUS REPORTS CONCERNING THIS CASE EVERY SIXTY DAYS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/27/18. 8/28/18 ENTERED AND COPIES E-MAILED.(ky, )

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KAUFFMAN v. U-HAUL INTERNATIONAL, INC. et al Doc. 34 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ MICHAEL KAUFFMAN, : : Plaintiff, : : v. : : U-HAUL INTERNATIONAL, INC.; : COLLEGEBOXES, LLC; and eMOVE, INC., : : Defendants. : __________________________________________ No. 5:16-cv-04580 ORDER AND NOW, this 27th day of August, 2018, upon consideration of Defendants’ Motion to Compel Arbitration and Dismiss Plaintiff’s Complaint, ECF No. 5, and for the reasons set forth in the Opinion issued this date, it is ORDERED that: 1. The Clerk of Court shall REMOVE this case from Civil Suspense Docket and RETURN it to the active docket; 2. Defendants’ Motion, ECF No. 5, is GRANTED in part; 3. The parties are DIRECTED to submit the dispute to binding arbitration pursuant to the terms of the eMove Agreement, except that the Court severs the following provisions of the Agreement: (1) “Each party shall pay its own expenses of arbitration and the expense of the arbitrator shall be shared equally”; and (2) “Both parties agree that if a party files any Action contrary to this provision, the other party can recover reasonable attorney fees and reasonable costs resulting from those efforts necessary to challenge that filing and bring the Action back in accordance with the terms of this provision.” In addition, the Court severs the provision requiring the application of the AAA Commercial Arbitration 1 082718 Dockets.Justia.com Rules, but only insofar as those rules require Kauffman to pay arbitration fees and costs. The Court DIRECTS that eMove pay Kauffman’s arbitration filing fees and share of the arbitrator’s fees, and that the provisions of the applicable wage and hour statutes should govern the award of attorney’s fees; 4. This case remains STAYED pending the outcome of the arbitration; 5. The parties are DIRECTED to provide joint status reports concerning this case every sixty days. BY THE COURT: /s/ Joseph F. Leeson, Jr.___________ JOSEPH F. LEESON, JR. United States District Judge 2 082718

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