Atlantic Pinstriping, LLC et al v. Atlantic Pinstriping Traid, LLC et al

Filing 88

ORDER Denying 83 Defendant's Motion to Dismiss Plaintiffs' Motion for Order to Show Cause for Lack of Subject Matter Jurisdiction. The Court will reschedule a hearing on Plaintiffs Motion for Contempt. Signed by Senior Judge Graham Mullen on 4/9/2018. (jaw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Atlantic Pinstriping, LLC, and
Michael Montemurro,
Plaintiffs,
v.
Atlantic Pinstriping Triad, LLC,
Atlantic Dealer Services Coastal, LLC,
Tony Horne,
William E. Horne, and
Jerry W. Parker,
Defendants.

) Case No.: 3:16-CV-547-GCM
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ORDER
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This matter is before the Court upon Defendant’s Motion to Dismiss Plaintiffs’ Motion
for an Order to Show Cause for lack of subject matter jurisdiction. This motion has been fully
briefed. Despite the fact that the arbitrator dismissed Plaintiffs’ federal claims, this Court clearly
has the discretion to exercise supplemental jurisdiction over this matter. Shanaghan v. Cahill, 58
F.3d 106, 110 (4th Cir. 1995). Moreover, despite Defendants’ argument to the contrary, the
arbitrator’s decision did not entirely moot the relief requested by Plaintiffs. Accordingly,
Defendants’ Motion to Dismiss is denied, and the Court will reschedule a hearing on Plaintiffs’
Motion for Contempt.
IT IS SO ORDERED.

Signed: April 9, 2018