Opinion
Civil Action 22-2238
01-30-2024
THE CHOWNS GROUP, LLC v. JOHN C. GRIMBERG CO., INC., STEVEN J. GRIMBERG, HENRY DANFORTH, JAMES L. GRAHAM, and JERRY ELMORE
ORDER
TIMOTHY J. SAVAGE, JUDGE
NOW, this 30th day of January, 2024, upon consideration of the Defendants' Motion to Dismiss Counts I, II, III, V, and VI of Plaintiff's Amended Complaint (Doc. No. 26), the plaintiff's response, and the defendants' reply, and after oral argument, it is ORDERED that the motion is GRANTED.
IT IS FURTHER ORDERED as follows:
1. Counts I and II of plaintiff's First Amended Complaint are DISMISSED WITH PREJUDICE.
2. Count IV of plaintiff's First Amended Complaint is DISMISSED WITHOUT PREJUDICE.
3. The parties shall submit the claims in Counts III, V, and VI of the First Amended Complaint to arbitration pursuant to the terms of the parties' contract;
4. All proceedings in this action are STAYED pending arbitration of the plaintiff's claims in Counts III, V, and VI of the First Amended Complaint;
5. Counsel shall immediately notify the Clerk within thirty days of the resolution of the arbitration proceeding; and, 6. The Clerk of Court shall CLOSE this action administratively.