Cottonwood Centers Incorporated v. Corporate Finance Associates Worldwide Incorporated et al
Cottonwood Centers Incorporated |
Corporate Finance Associates Worldwide Incorporated, John B Klearman and Unknown Klearman |
4:2018cv00252 |
May 15, 2018 |
US District Court for the District of Arizona |
Tucson Division Office |
Pima |
Cindy K Jorgenson |
Other Contract |
28 U.S.C. ยง 1441 |
None |
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Filing 34 ORDER: IT IS ORDERED Defendants' 14 Motion to Dismiss and Compel Arbitration, or, Alternatively, Stay the Action is DENIED. Plaintiff's 6 request for declaratory relief and 22 Cross-Motion for Declaratory Relief are GRANTED IN PART AN D DENIED IN PART. Declaratory relief is granted in favor of Cottonwood and against Klearman. The Court declares Cottonwood is not bound to arbitrate the Klearmans' claim for a brokerage commission. Cottonwood may "file and serve a motion fo r award of attorneys' fees and related non-taxable expenses (along with a supporting memorandum of points and authorities) within 14 days of the entry of judgment[.]" LRCiv 54.2 (b)(2). Clerk shall enter judgment and shall then close its file in this matter. Signed by Senior Judge Cindy K Jorgenson on 10/17/18. (BAC) |
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