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