Fitness Together Franchise Corporation v. Piranio et al
Filing
33
ORDER granting 30 Motion for Reconsideration. The motion hearing scheduled for Friday, January 30, 2015, at 10:30 a.m., is VACATED; That all currently pending deadlines are VACATED; That this matter is STAYED; and That within ten (10) days of the conclusion of the arbitration, the parties SHALL FILE a joint status report apprising the court of the status of the matter and indicating what, if any, further action is required. By Judge Robert E. Blackburn on 1/29/2015.(tscha, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00063-REB-KLM
FITNESS TOGETHER FRANCHISE CORPORATION, a Arizona corporation,
Plaintiff,
v.
PETER PIRANIO, an individual,
ANNETTE PIRANIO, an individual, and
PIRANIO FITNESS SYSTEMS, INC., a Wisconsin Corporation,
Defendants.
ORDER GRANTING MOTION TO RECONSIDER
Blackburn, J.
The matter before me is defendants’ Motion To Reconsider the Court’s Order
Denying Defendants’ Emergency Motion To Stay Proceedings Pending Arbitration
Pursuant to 9 U.S.C. § 3 [#30],1 filed January 29, 2015. I grant the motion, deny
plaintiff’s motion for preliminary injunction, and stay these proceedings pending
arbitration.
I previously denied defendants’ request to stay these proceedings in favor of
arbitration, noting that even where all claims between the parties are subject to
arbitration, as here, the court has authority to issue a preliminary injunction to preserve
the status quo pending arbitration. (See Order Denying Emergency Motion To Stay
Proceedings Pending Arbitration Pursuant to 9 U.S.C. § 3 [#29], filed January 28,
1
“[#30]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2015 (citing Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dutton, 844 F.2d 726,
727-28 (10th Cir. 1988).) That ruling was based on my tacit but mistaken understanding
that a demand for arbitration had been filed or was imminent. See Servants of the
Paraclete v. Does, 204 F.3d 1005, 1012 (10th Cir. 2000) (bases for granting
reconsideration include, inter alia, court’s misapprehension of the facts). In fact, while
acknowledging that any relief the court could grant would be limited and provisional,
plaintiff did not file a demand for arbitration until this afternoon, after I forced the issue.
(See Minute Order [#31], filed January 29, 2015; Plaintiff’s Status Report [#32], filed
January 29, 2015.)
Nevertheless, now that plaintiff has initiated proceedings in arbitration, the motion
to stay is well-taken.2 Under the terms of the contracts, all matters, including any
entitlement to injunctive relief, are within the purview of the administrator to hear and
determine. The court sees nothing to be gained at this juncture by having the issues
raised by and inherent to the motion for preliminary injunction vetted twice. Indeed,
such a course of action seems to contravene the very reasons the parties chose to
resolve their disagreements in arbitration.
THEREFORE, IT IS ORDERED as follows:
1. That defendants’ Motion To Reconsider the Court’s Order Denying
Defendants’ Emergency Motion To Stay Proceedings Pending Arbitration
Pursuant to 9 U.S.C. § 3 [#30], filed January 29, 2015, is GRANTED;
2
I also adopt and incorporate by references the arguments made and authorities cited by
defendants in their motion for reconsideration.
2
2. That the court’s Order Denying Emergency Motion To Stay Proceedings
Pending Arbitration Pursuant to 9 U.S.C. § 3 [#29], filed January 28, 2015, is
VACATED;
3. That defendants’ Emergency Motion To Stay Proceedings Pending
Arbitration Pursuant to 9 U.S.C. § 3 [18], filed January 21, 2015, is GRANTED;
4. That plaintiff’s Motion for Preliminary Injunction [#3], filed January 9, 2015,
is DENIED WITHOUT PREJUDICE;
5. That the motion hearing scheduled for Friday, January 30, 2015, at 10:30
a.m., is VACATED;
6. That all currently pending deadlines are VACATED;
7. That this matter is STAYED; and
8. That within ten (10) days of the conclusion of the arbitration, the parties
SHALL FILE a joint status report apprising the court of the status of the matter and
indicating what, if any, further action is required.
Dated January 29, 2015, at Denver, Colorado.
BY THE COURT:
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