Opinion
2:21-cv-187-SPC-MRM
06-15-2022
FXFWY01, INC., FXFWY03, INC., FXFWY04, INC., SCHULTISE ENTERPRISES, INC., JP GANCZAK ENTERPRISES, FXKOK01, INC., FXKOK02, INC., CENTRAL ACQUISITION, INC., MRK DELIVERIES, INC., TZ INTERNATIONAL, INC., TIM JOLLOFF and LISA JOLLOFF, Plaintiffs, v. FEDERAL EXPRESS GROUND PACKAGE SYSTEM INC., Defendant.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Before the Court are the parties' position statements concerning arbitration. (Docs. 29, 30). Defendant asks the Court to dismiss the case with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b), but Plaintiffs say they are still trying to initiate arbitration. Upon review, the case will remain stayed, understanding that Plaintiffs plan to retain Pennsylvania counsel and initiate arbitration within 90 days. The next joint status report will be due in 90 days. But the stay is not indefinite. Defendant's request to dismiss the case is denied without prejudice and may be refiled if Plaintiffs do not initiate arbitration within 90 days. Defendants are reminded that Local Rule 3.01(g)'s certification requirement applies to motions to dismiss.
Accordingly, it is now
ORDERED:
This case remains stayed with the next joint status report due by September 12, 2022.
DONE and ORDERED.