Denver Global Products, Inc. v. Leon et al

Filing 43

ORDER that the Third Party Defendant Chongqing Rato Power Co., Ltd. and Defendants/Third Party Plaintiffs Roger Leon and Keith Piercy to file supplemental briefs. These supplemental briefs shall be filed on or before 5/7/2018. No response or reply briefs will be allowed except by leave of Court. See order for further details . Signed by Magistrate Judge David S. Cayer on 4/6/2018. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:17-CV-00102-MOC-DSC
DENVER GLOBAL PRODUCTS, INC.,
Plaintiff,
v.
ROGER LEON, JEANNE HENDRIX
AND KEITH PIERCY,
Defendants.

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ORDER

THIS MATTER is before the Court sua sponte after review of the parties’ pending
Motions (documents ## 20-24) and associated briefs and exhibits, specifically “Third-Party
Defendant Chongqing Rato Power Co., Ltd.’s Motion to Confirm Arbitration Award and Enter
Final Judgment” (document #23), “Defendants and Counterclaim/Third-Party Plaintiffs Roger
Leon and Keith Piercy’s Response To … Motion to Confirm Arbitration Awards and Enter Final
Judgment” at 3-6 (document #34), and “Third-Party Defendant Chongqing Rato Power Co., Ltd.’s
Reply in Support of Its Motion To Confirm Arbitration Awards…” at 5-6 (document #42).
The Court ORDERS Third Party Defendant Chongqing Rato Power Co., Ltd. and
Defendants/Third Party Plaintiffs Roger Leon and Keith Piercy to file supplemental briefs. These
briefs shall include:
1. Authorities pertaining to whether a party may proceed to arbitration while a motion to
compel arbitration is pending before the Court.

2. Factual basis as to whether the pending Motion to Compel Arbitration (document #21)
and the arbitration proceedings before the Chongqing Arbitration Commission involve separate
claims and if so, which claims.
These supplemental briefs shall be filed on or before May 7, 2018. No response or reply
briefs will be allowed except by leave of Court.
The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Max O. Cogburn, Jr.
SO ORDERED.
Signed: April 6, 2018