Opinion
Case No. 05-74821.
March 31, 2006
SOMMERS, SCHWARTZ, P.C., By: Patricia A. Stamler (P35905), Southfield, Michigan, Attorney for Plaintiff.
BIGLER, BERRY, JOHNSTON, SZTYKIEL HUNT, P.C., By: J. Steven Johnston (P27636), Troy, Michigan, Attorneys for Defendant, Birmingham Athletic Club.
ORDER FOR DISMISSAL, TO ADMINISTRATIVELY CLOSE THIS CASE AND REMAND TO ARBITRATION
The parties having stipulated and agree that the claims of the plaintiff, ROBERT W. TONER, against the defendant, BIRMINGHAM ATHLETIC CLUB, be administratively closed and will be dismissed without prejudice until the final approval of the arbitration decision or settlement, at which time the case will be dismissed with prejudice and to be remanded to arbitration pursuant to agreement of the parties, the court having reviewed the parties' Stipulation and Arbitration Agreement, the court being fully advised in the premises, now therefore,
IT IS HEREBY ORDERED that the claims of the plaintiff, ROBERT W. TONER, against the defendant, BIRMINGHAM ATHLETIC CLUB presently pending before this Court, be administratively closed;
IT IS FURTHER ORDERED that the above-captioned matter will be dismissed without prejudice until the final approval of the arbitration decision or settlement, at which time the case will be dismissed with prejudice;
IT IS FURTHER ORDERED that the above-captioned matter is remanded to arbitration pursuant to agreement of the parties;
IT IS FURTHER ORDERED that this Honorable Court shall retain jurisdiction for purposes of enforcing the arbitration award, compelling responses to subpoenas, enforcing the terms and conditions of the arbitration award or approving a settlement per 29 C.F.R. § 825.220 (d).