Total Quality Logistics, LLC v. Macktoon Inc.
Filing
11
OPINION AND ORDER denying 5 Motion to Dismiss or, in the Alternative, to Stay Proceedings Pending Arbitration. Signed by Judge S Arthur Spiegel on 11/1/2012. (km1)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
TOTAL QUALITY LOGISTICS, LLC,
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Plaintiff,
v.
MACKTOON, INC. d/b/a Arrow
Transportation
NO. 1:12-CV-00620
OPINION & ORDER
Defendant.
This matter is before the Court on Defendant’s Motion
to Dismiss or, in the Alternative, to Stay Proceedings Pending
Arbitration
(doc.
5)
and
Plaintiff’s
response
in
opposition
thereto (doc. 7).
In
regarding
required
brief,
the
to
Plaintiff
this
matter
transportation
be
kept
alleges
at
that
a
arises
of
bread
certain
Defendant
out
of
products
temperature
failed
to
a
dispute
that
(doc.
maintain
were
2).
that
temperature, thus ruining the cargo (Id.).
Defendant argues that this matter should be dismissed
because
it
should
be
heard
in
arbitration
contract the parties signed (doc. 5).
contract language is:
-1-
pursuant
to
the
The undisputed relevant
16. DISPUTE RESOLUTION. If a dispute arises between
the Parties under this Agreement, as a condition
precedent to any other remedy, the Parties agree to:
(a) Meet and confer with each other as soon as
possible to reach a voluntary resolution of the
dispute.
(b) If such voluntary resolution does not succeed, the
Parties agree to submit the dispute to arbitration
before a mutually agreed upon arbitrator.
(c) For disputes whose amount in controversy is
$10,000.00 or less, the arbitrator’s decision shall be
final and binding upon both Parties.
(d) For disputes whose amount in controversy exceeds
$10,000.00 the Parties will seek litigation (doc. 5).
As
Defendant’s
express
Plaintiff
motion,
language
Plaintiff
of
alleges
$41,088.96
the
the
an
(doc.
argues
in
its
motion
must
fail
agreement.
amount
2).
in
This
In
response
based
its
to
on
the
complaint,
controversy
of
at
least
puts
matter
into
this
subcategory (d) of the relevant contract provision, which
provides
that
exceeds
$10,000.00
Thus,
pursuant
Plaintiff
for
to
properly
“disputes
the
the
whose
Parties
contract
sought
amount
will
in
seek
between
litigation,
controversy
litigation.”
the
and
parties,
Defendant’s
motion to dismiss or to stay pending arbitration is not
well taken.
Consequently, the motion is DENIED (doc. 5).
SO ORDERED.
Dated:
November 1, 2012 /s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior
-2-
District
Judge
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