Total Quality Logistics, LLC v. Macktoon Inc., No. 1:2012cv00620 - Document 11 (S.D. Ohio 2012)

Court Description: OPINION AND ORDER denying 5 Motion to Dismiss or, in the Alternative, to Stay Proceedings Pending Arbitration. Signed by Judge S Arthur Spiegel on 11/1/2012. (km1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION TOTAL QUALITY LOGISTICS, LLC, : : : : : : : : : : : Plaintiff, v. MACKTOON, INC. d/b/a Arrow Transportation NO. 1:12-CV-00620 OPINION & ORDER Defendant. This matter is before the Court on Defendant s Motion to Dismiss or, in the Alternative, to Stay Proceedings Pending Arbitration (doc. 5) and Plaintiff s response in opposition thereto (doc. 7). In regarding required brief, the to Plaintiff this matter transportation be kept alleges at that a arises of bread certain Defendant out of products temperature failed to a dispute that (doc. maintain were 2). that temperature, thus ruining the cargo (Id.). Defendant argues that this matter should be dismissed because it should be heard in arbitration contract the parties signed (doc. 5). contract language is: -1- pursuant to the The undisputed relevant 16. DISPUTE RESOLUTION. If a dispute arises between the Parties under this Agreement, as a condition precedent to any other remedy, the Parties agree to: (a) Meet and confer with each other as soon as possible to reach a voluntary resolution of the dispute. (b) If such voluntary resolution does not succeed, the Parties agree to submit the dispute to arbitration before a mutually agreed upon arbitrator. (c) For disputes whose amount in controversy is $10,000.00 or less, the arbitrator s decision shall be final and binding upon both Parties. (d) For disputes whose amount in controversy exceeds $10,000.00 the Parties will seek litigation (doc. 5). As Defendant s express Plaintiff motion, language Plaintiff of alleges $41,088.96 the the an (doc. argues in its motion must fail agreement. amount 2). in This In response based its to on the complaint, controversy of at least puts matter into this subcategory (d) of the relevant contract provision, which provides that exceeds $10,000.00 Thus, pursuant Plaintiff for to properly disputes the the whose Parties contract sought amount will in seek between litigation, controversy litigation. the and parties, Defendant s motion to dismiss or to stay pending arbitration is not well taken. Consequently, the motion is DENIED (doc. 5). SO ORDERED. Dated: November 1, 2012 /s/ S. Arthur Spiegel S. Arthur Spiegel United States Senior -2- District Judge

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