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)

Download PDF
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 ) ) ) ) ) ) ) ORDER ) ) ) ) ) ) ) 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?