Cullan and Cullan LLC v. M-Qube et al

Filing 93

ORDER - IT IS ORDERED that defendants' motions to dismiss and/or to compel arbitration (Filing Nos. 17 and 20 ) are hereby denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CULLAN AND CULLAN LLC, individually and
on behalf of all others similarly situated;
8:13CV172
Plaintiff,
v.
M-QUBE, INC., a Delaware corporation;
MOBILE MESSENGER AMERICAS, INC., a
Delaware Corporation; CF ENTERPRISES
PTY., LTD., an Australian Company; and
JOHN DOES 1-200,

ORDER

Defendants,
RICHARD GEIER,
Intervenor.

This matter is before the court on its own motion. There is presently pending a
motion for preliminary approval of a purported class-action settlement (Filing No. 83).
Consideration of the defendants’ motions to dismiss and/or to compel arbitration have
been held in abeyance pending resolution of the class-action settlement issue. See
Filing No. 79.

For docket control purposes, the motions to dismiss and/or compel

arbitration, Filing Nos. 17 and 20, will be dismissed without prejudice to reassertion after
resolution of the motion to approve the amended settlement agreement (Filing No. 83).1
Accordingly,
IT IS ORDERED that defendants’ motions to dismiss and/or to compel arbitration
(Filing Nos. 17 and 20) are hereby denied without prejudice to reassertion.
DATED this 28th day of March, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

1

Should the parties seek to reassert the motions at a later date, they need not refile any
supporting materials on which they intend to rely, but may incorporate them by reference to the
documents’ filing numbers.