Heller v. TriEnergy, Inc. et al
| Edgar Heller |
| TriEnergy, Inc., TriEnergy Holdings, LLC, AB Resources, LLC, Chevron U.S.A., Inc., Gray Montague and Michael P. Trout |
| 5:2012cv00045 |
| March 26, 2012 |
| US District Court for the Northern District of West Virginia |
| Wheeling Office |
| Marshall |
| John Preston Bailey |
| All Other Real Property |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
28
MEMORANDUM OPINION AND ORDER DENYING REMAND AND COMPELLING ARBITRATION: Motion to Remand 10 is DENIED. Defendants TriEnergy, Inc.'s and TriEnergy Holdings, LLC's Motion to Dismiss 4 , defendant Chevron U.S.A., Inc.'s Motion to Comp el Arbitration, or in the Alternative, Motion to Dismiss 9 , and defendant Gray Montague's Motion to Dismiss 17 are GRANTED to the extent that they ask this Court to compel arbitration. In this regard, defendant AB Resources, LLC's Motio n to Compel Arbitration or, in the Alternative, Motion to Dismiss 7 is DENIED AS MOOT. Accordingly, Heller's claims are hereby SUBMITTED TO ARBITRATION, and his Complaint 3 is DISMISSED WITHOUT PREJUDICE, subject to reopening on motion of any party, for good cause shown, within thirty (30) days for the sole purpose of filing a motion under section 5 of the FAA, if deemed appropriate and necessary. Signed by Chief Judge John Preston Bailey on 7/9/2012. (rjs)
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