Eisenberger et al v. Chesapeake Appalachia, L.L.C. et al
| Dean N. Eisenberger, Sr. and Theresa Eisenberger |
| Chesapeake Appalachia, L.L.C. and StatoilHydro USA Onshore Properties, Inc. |
| Chesapeake Appalachia, L.L.C. and StatoilHydro USA Onshore Properties, Inc. |
| Dean N. Eisenberger, Sr. and Theresa Eisenberger |
| 3:2009cv01415 |
| July 21, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Wyoming |
| A. Richard Caputo |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Plaintiff |
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Filing
21
MEMORANDUM AND ORDER granting in part and denying in part 17 Defendants' Motion to Stay and Renewed Motion to Compel Arbitation or in the Alternative Certify Order for Interlocutory Appeal. IT IS HEREBY ORDERED that Defendants Motion to Stay and Renewed Motion to Compel Arbitration or in the Alternative Certify Order for Interlocutory Appeal (Doc. 17) is DENIED in part and GRANTED in part as follows:1) Defendants motion to stay the proceedings pending the Supreme Courts decision in Grani te Rock v. Intl Brotherhood of Teamsters in DENIED.2) Defendants renewed motion to compel arbitration is DENIED.3) Because I find that the issue of whether the arbitration provided for in a document which the Defendants say is a contract between them and Plaintiffs, but Plaintiffs claim is not a contract, is the proper forum to determine the issue of contract formation, rather than federal court involves a controlling question of law as to which there is substantial ground for difference of opin ion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, Defendants motion for interlocutory appeal pursuant to 28 U.S.C. § 1292(b) is GRANTED, and the February 4, 2010 Order (Doc. 16) denying Defendants Motion to Compel Arbitration is certified for appeal pursuant to 28 U.S.C. § 1292(b). Signed by Honorable A. Richard Caputo on 5/5/10 (jam, )
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Filing
16
MEMORANDUM AND ORDER denying 8 Motion to Compel. IT IS HEREBY ORDERED that Defendants' motion to compel arbitration (Doc. 8) is DENIED. Signed by Honorable A. Richard Caputo on 2/4/10 (jam, )
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