FXFWY01, INC. et al v. Federal Express Ground Package System Inc.

Filing 17

ORDERED: Defendant's Motion to Compel Arbitration and Stay Proceedings (Doc. #13) is GRANTED. The parties are DIRECTED to arbitrate this case promptly--in accordance with their stipulation and arbitration agreements. This case is STAYED until the parties advise the Court that (1) arbitration has been completed and (2) the stay should be lifted or the case should be dismissed. The parties are DIRECTED to notify the Court of such matters within seven (7) days of the arbitration concluding. The parties are DIRECTED to file a joint report on the status of arbitration on or before July 26, 2021, and every ninety (90) days after that date until arbitration concludes. The Clerk is DIRECTED to add a stay flag on the docket.. Signed by Judge Sheri Polster Chappell on 4/27/2021. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FXFWY01, INC., FXFWY03, INC.,
FXFWY04, INC., SCHULTISE
ENTERPRISES, INC., JP
GANCZAK ENTERPRISES,
FXKOK01, INC., FXKOK02, INC.,
CENTRAL ACQUISITION, INC.,
MRK DELIVERIES, INC., TZ
INTERNATIONAL, INC., TIM
JOLLOFF and LISA JOLLOFF,
Plaintiffs,
v.

Case No: 2:21-cv-187-SPC-MRM

FEDERAL EXPRESS GROUND
PACKAGE SYSTEM INC.,
Defendant.
/
ORDER1
Before the Court is Defendant’s Motion to Compel Arbitration and Stay
Proceedings (Doc. 13). Plaintiffs filed a stipulation—agreeing all claims are
subject to the parties’ arbitration agreements, so this action should be sent to
arbitration and stayed here.

(Doc. 16).

Further, the parties agree

Pennsylvania law controls the interpretation of their agreements. (Docs. 13 at

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8; 16 at 2). Given the parties’ accord, the Court grants the Motion and stays
the case. 9 U.S.C. §§ 3-4.
Accordingly, it is now ORDERED:
Defendant’s Motion to Compel Arbitration and Stay Proceedings (Doc.
13) is GRANTED.
(1) The parties are DIRECTED to arbitrate this case promptly—in
accordance with their stipulation and arbitration agreements.
(2) This case is STAYED until the parties advise the Court that (1)
arbitration has been completed and (2) the stay should be lifted or
the case should be dismissed. The parties are DIRECTED to notify
the Court of such matters within seven (7) days of the arbitration
concluding.
(3) The parties are DIRECTED to file a joint report on the status of
arbitration on or before July 26, 2021, and every ninety (90)
days after that date until arbitration concludes.
(4) The Clerk is DIRECTED to add a stay flag on the docket.
DONE and ORDERED in Fort Myers, Florida on April 27, 2021.

Copies: All Parties of Record

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