American Tire Distributors, Inc. v. ITG Voma Corporation et al

Filing 20

ORDER the Defendants 15 Motion to Dismiss is DENIED under Rule 12(b)(2), GRANTED IN PART to stay the proceedings and compel arbitration, and DENIED WITHOUT PREJUDICE under Rule 12(b)(6) because of the possibility of it being mooted or modified by arbitration. This case is STAYED pending arbitration. ALL parties are ORDERED to proceed to arbitration and to file a report of what matters are arbitrable within ninety (90) days of the date of this Order. Signed by Chief Judge Frank D. Whitney on 12/16/2015. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-00402-FDW-DSC
AMERICAN TIRE DISTRIBUTORS, INC., )
)
Plaintiff,
)
)
vs.
)
)
ITG VOMA CORPORATION and
)
VOMA TIRE CORPORATION,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court on Defendants’ Motion to Dismiss (Doc. No. 15)
seeking dismissal pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6), or in the
alternative to stay the proceedings and compel arbitration. After reviewing the pleadings and
attached exhibits, the Defendants’ Motion to Dismiss is DENIED under Rule 12(b)(2),
GRANTED IN PART to stay the proceedings and compel arbitration, and DENIED WITHOUT
PREJUDICE under Rule 12(b)(6) because of the possibility of it being mooted or modified by
arbitration.
This case is STAYED pending arbitration to determine if Plaintiff is compelled to arbitrate
its claims against one, both, or neither of the Defendants.

Accordingly, ALL parties are

ORDERED to proceed to arbitration and to file a report of what matters are arbitrable within
ninety (90) days of the date of this Order.
IT IS SO ORDERED.
Signed: December 16, 2015