Opinion
Case No. 02-2144-JAR
June 3, 2002
This matter comes before the Court pursuant to Volvo's Motion to Compel Arbitration (Doc. 5) filed by Defendant Volvo Construction Equipment North America, Inc. ("Volvo"). The motion seeks to: (1) compel Plaintiff Victor L. Phillips Company ("VLP") to pursue its claims, if at all, by commencing arbitration in Atlanta, Georgia within thirty (30) days and to certify its compliance to the Court; (2) stay any proceedings before this Court or any other court related to VLP's Petition; and (3) dissolve the Consent Restraining Order entered into by the parties on March 15, 2002.
The Court held a hearing on the matter on June 3, 2002. At the hearing, the Court made an oral ruling dissolving the Consent Restraining Order entered into by the parties on March 15, 2002; staying the proceedings before this Court in this case; and transferring the portion of Volvo's motion to compel arbitration that seeks to compel arbitration in Atlanta, Georgia, to the United States District Court for the Northern District of Georgia for a decision by that court. The Court's findings of fact and conclusions of law were read into the record. For the reasons stated on the record,
IT IS THEREFORE ORDERED BY THE COURT that the Consent Restraining Order entered into by the parties on March 15, 2002 shall be DISSOLVED.
IT IS FURTHER ORDERED BY THE COURT that the proceedings before this Court in this case shall be STAYED and the portion of Volvo's motion to compel arbitration that seeks to compel arbitration in Atlanta, Georgia, shall be transferred to the United States District Court for the Northern District of Georgia for a decision by that court.