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finding no procedural unconscionability, reasoning “Plaintiff does not offer any evidence, other than Conrad's affidavit, to support its argument that the subcontract was non-negotiable. Plaintiff does not produce a single fax, email, or letter demonstrating that Abbonizio refused to cooperate or was unwilling to entertain proposed changes to the agreement.”
Summary of this case from Jenkins v. PetSmart, LLCOpinion
CIVIL ACTION NO. 10-4551.
April 7, 2011
ORDER
AND NOW, this 7th day of April, 2011, upon consideration of Defendants' Motion to Compel Arbitration (ECF No. 5), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1. The Motion is GRANTED as to Defendant N. Abbonizio Contractors, Inc.
2. The Motion is DENIED as to Defendant Arch Insurance Company.
3. Plaintiff's claim against Defendant Arch is STAYED during the pendency of Plaintiff's arbitration with Defendant Abbonizio.IT IS SO ORDERED.