Summary
analyzing the preclusive effect of an unconfirmed arbitration award in a state law breach of contract action and recognizing that "unconfirmed arbitration awards are not entitled to recognition under the Full Faith and Credit Statute, [28 U.S.C. § 1738]."
Summary of this case from Anello Fence, LLC v. Vca Sons, Inc.Opinion
Civil No. 11-5093 (JBS/AMD)
09-24-2012
KISBY LEES MECHANICAL LLC, t/a KISBY SHORE CORP. Plaintiff, v. PINNACLE INSULATION, INC., Defendant.
HON. JEROME B. SIMANDLE
ORDER
This matter having come before the Court upon the motion [Docket Item 9] of Plaintiff Kisby Lees Mechanical to dismiss Defendant Pinnacle Insulation, Inc.'s Counterclaim, which was converted into a motion for summary judgment by the Court on July 31, 2012 [Docket Items 18 & 19]; the Court having considered the submissions of the parties in support thereof and opposition thereto; for the reasons stated in the Opinion of today's date; and for good cause shown;
IT IS this 24th day of September, 2012 hereby
ORDERED that the motion for summary judgment is DENIED; and it is
ORDERED that the Plaintiff's request to refer surviving claims to arbitration is DENIED without prejudice.
______________________
JEROME B. SIMANDLE
Chief U.S. District Judge