COUNSEL CORPORATION (US) v. WASSERSON

Filing 56

ORDER THAT DEFENDANTS' MOTION IS DENIED; AND PLAINTIFF'S MOTION IS GRANTED IN PART AND DENIED IN PART, AS OUTLINED HEREIN.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/31/10. 4/1/10 ENTERED AND COPIES MAILED, E-MAILED(dp, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA COUNSEL CORPORATION, Plaintiff v. GARY J. WASSERSON, Defendant ) ) ) ) ) ) )

CIVIL ACTION No. 04-3852

GARY J. WASSERSON, Plaintiff v. I-LINK CORPORATION, et al. Defendants

) ) ) ) ) ) )

CIVIL ACTION No. 04-3864

ORDER AND NOW, this 31st day of March 2010, upon consideration of Plaintiff Wasserson's Motion to Confirm Award of the Arbitrator, Robert B. Davidson, Esquire of JAMS, the Resolution Experts [docket entry No. 44], Defendants I-Link Corp., et al.'s Opposition to Plaintiff Wasserson's Motion to Confirm Arbitration [docket entry No. 45], Defendants I-Link Corp., et al.'s Motion to Vacate, Modify and/or Correct Arbitral Award [docket entry No. 46], Defendants' I-Link Corp.'s Consolidated Memorandum of Points and Authorities in Support of Defendants' Motion to Vacate, Modify, and/or Correct Arbitral award and Opposition to Plaintiff's Motion to Confirm Award [docket entry No. 47], Wasserson's Response to the Consolidated Memorandum of Points and Authorities in Support of Defendants' Motion to Vacate, Modify, and/or Correct Arbitral award and Opposition to Plaintiff's Motion to Confirm Award [C.A. No. 04-3864, docket entry No. 52], Defendants' Reply in Further Support to

Vacate, Modify and/or Correct Arbitral Award [C.A. No. 04-3852, docket entry No. 52; C.A. No. 04-3864, docket entry No. 57], and for reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that Defendants' Motion is DENIED; and Plaintiff's Motion is GRANTED in part, and DENIED in part. Further, Defendant Counsel Communications, Inc. ("CCI") is hereby DISMISSED with prejudice from Civil Action No. 04-3864, in accordance with the Arbitrator's findings in JAMS Arbitration No. 1420014521, Interim Award, dated April 24, 2009. JUDGMENT shall be awarded to the remaining parties pursuant to JAMS Arbitration No. 1420014521, Corrected Final Award, dated July 10, 2009, which the Court hereby affirms. Further, in light of the Court's Memorandum Opinion and Order, the parties' request for oral argument on their respective motions is hereby deemed MOOT. It is so ORDERED.

BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J.