Vachow v. TSS Photography, Inc. et al

Filing 13

ORDER Dismissing Original Complaint and Denying 10 Without Prejudice Defendant's Motion to Dismiss Pursuant to Rule 12(B)(1) and Cancelling August 20, 2013 Hearing. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MELINDA VACHOW,
Plaintiff,
Case No. 13-cv-11919
vs.
HON. GERSHWIN A. DRAIN
TSS PHOTOGRAPHY, INC., F/K/A
THE SPORTS SECTION INC., et al.,
Defendants.
_____________________________/
ORDER DISMISSING ORIGINAL COMPLAINT AND DENYING WITHOUT PREJUDICE
DEFENDANTS’ MOTION TO DISMISS PURSUANT TO RULE 12(B)(1) [#10]AND
CANCELLING AUGUST 20, 2013 HEARING
On April 30, 2013, Plaintiff filed the instant action seeking to compel arbitration to proceed
in Michigan rather than Georgia, where Defendants filed an arbitration demand against Plaintiff.
On June 7, 2013, Defendants filed a Motion to Dismiss arguing that this Court lacks subject matter
jurisdiction over Plaintiff’s Complaint because the issue of venue is for the American Arbitration
Association to decide and not this Court. Thereafter, Plaintiff filed an Amended Complaint.
Accordingly, the Court dismisses the original complaint from this action. Defendants’
Motion to Dismiss Pursuant to Rule 12(b)(1) [#10] is DENIED WITHOUT PREJUDICE.
SO ORDERED.
/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
Dated: June 26, 2013

CERTIFICATE OF SERVICE
Copies of this Order were served on the attorneys/parties of record on
June 26, 2013 by electronic and/or ordinary mail.
/s/ Tanya Bankston
Case Manager