Kuykendall and Associates, LLC et al v. Paulk's Moving & Storage of Mobile, Inc. et al

Filing 10

ORDER granting 8 Motion for extension of time to respond to defendants' moiton to compel arbitration. Plaintiff's response to defendants' motion is due on or before 2/2/09. To the extent the motion to stay (doc. 8) moves the court for additional time in which to file a response to defendants motion to compel arbitration, that motion is granted, as indicated above. However, to the extent plaintiffs move the court for an order staying this action until such time as the court issues a ruling a motion to remand not yet filed, that portion of the motion is DENIED. The court cannot base its ruling on an event that has not yet occurred. Signed by Judge Kristi K. DuBose on 1/16/09. (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KUYKENDALL and ASSOCIATES, L.L.C., an Alabama limited liability company, and FREDERICK T. KUYKDENALL, III, an individual Plaintiffs, vs. ) CASE NO. 08-741-KD-B ) ) ) )

PAULK'S MOVING & STORAGE OF MOBILE, INC., a corporation, ROBERTA ASHKIN, an ) individual, ASHKIN LAW FIRM, a professional corporation, et al., ) Defendants. ) ORDER This matter is before the Court on the following: plaintiffs' "Motion to Stay in Response to Motion to Compel Arbitration", (doc. 8)1 filed January 14, 2009, and plaintiffs' "Motion to Extend Deadline to Respond to Motion to Compel Arbitration" (doc. 9) filed January 16, 2009. Upon consideration, the motion for extension of time to respond to defendants' motion to compel arbitration is GRANTED, as follows: plaintiffs' response to defendants' motion is due on or before Monday, February 2, 2009. DONE this the 16th day of January 2009. /s/ Kristi K. DuBose KRISTI K .DuBOSE UNITED STATES DISTRICT JUDGE

To the extent the motion to stay (doc. 8) moves the court for additional time in which to file a response to defendants' motion to compel arbitration, that motion is granted, as indicated above. However, to the extent plaintiffs' move the court for an order staying this action until such time as the court issues a ruling a motion to remand not yet filed, that portion of the motion is DENIED. The court cannot base its ruling on an event that has not yet occurred.

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