Kmart Corporation v. Dow Roofing Systems, LLC et al
||Dow Roofing Systems, LLC, Stevens Roofing Systems, JPS Elastomerics, National Single Ply, Does I-X and ABC Insurance Companies
||April 1, 2011
||US District Court for the District of Puerto Rico
||San Juan Office
||Jose A Fuste
|Nature of Suit:
||Other Personal Property Damage
|Cause of Action:
|Jury Demanded By:
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|March 21, 2012
OPINION AND ORDER granting 10 MOTION to dismiss or stay pursuant to the Federal Arbitration Act, filed by Dow Roofing Systems, LLC. We are satisfied that Plaintiff's claims against Dow are subject to the valid arbitration agreement and hereby DISMISS Plaintiff's claims against Dow, JPS, and Stevens, without prejudice to filing Plaintiff's claims arising under Puerto Rico law in Commonwealth courts. We GRANT IN PART National's motion (Docket No. 31 ), and hereby STAY the rest of Plaintiff's claims pending arbitration, reserving jurisdiction to enforce any arbitration award. While arbitration progresses, and we wait for the arbitration result, this case will be considered closed for administrative purposes. Signed by Judge Jose A Fuste on 3/21/2012.(mrj)
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