DELANEY et al v. SANBORN et al

Filing 55

ORDER THAT DEFENDANTS MOTION TO DISMISS (DOC. 49 ) IS GRANTED IN PART AND DENIED IN PART ANDN DEFENANTS MOTION TO DIMISS (DOC. 50 ) IS GRANTED IN PART AND DENIED IN PART. THIS COURT LACK PERSONAL JURISDICTION VOER DEFENDANT JAY SANBORN AND HE IS DI SMISSED. ALL CLAIMS AGAINST DEFENDANTS FIELCO LLC, FIELCO INDUSTRIES, INC. AND TONY RING BASED UPON ALLEGED CONDUCT OF CO-DEFENDANTS SEAN SANBORN OR POLARHYDE DISTRIBUTION CORPORATION ARE DISMISSED. ANY CLAIMS AGAINST DEFENDANT TONY RING FOR CONVER SION AND UNJUST ENRICHEMENT ARE DISMISS AS AGAINST HIM. ALL REMAINING CLAIMS ARE STAYED PENDING RESOLUTION OF THE FINAL BINDING ARBITRATION. THE CLERK OF COURT SHALL PLACE THIS MATTER IN THE COURT'S CIVIL SUSPENSE DOCKET. ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/30/2015. 6/30/2015 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

FFRSE,LLC

v.
NO. 14-5439
SEAN SANBORN, et al

ORDER
AND NOW, this 301h day of June 2015, upon consideration of Defendants Fielco, LLC,

Fielco Industries, Inc. and Tony Ring's Motion to Dismiss the Second Amended Complaint
(ECF Doc. No. 49), Defendants Sean Sanborn's, Jay Sanborn's and Polarhyde Distribution
Corporation's Motion to Dismiss the Second Amended Complaint (ECF Doc. No. 50), Plaintiffs
Opposition to each Motion (ECF Doc. Nos. 51, 52), Defendants Fielco, LLC, Fielco Industries,
Inc. and Tony Ring's Reply Brief (ECF Doc. No. 53), and following Oral Argument addressing
Plaintiffs claims in the Amended Complaint, and as detailed in the accompanying
Memorandum, it is ORDERED Defendants Fielco, LLC, Fielco Industries, Inc. and Tony
Ring's Motion to Dismiss (ECF Doc. No. 49) is GRANTED in part and DENIED in part and
Defendants Sean Sanborn, Jay Sanborn and Polarhyde Distribution Corporation's Motion to
Dismiss (ECF Doc. No. 50) is GRANTED in part and DENIED in part:
1.

This Court retains federal question subject matter jurisdiction under the presently

plead Lanham Act claim;
2.
DISMISSED;

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This Court lacks personal jurisdiction over Defendant Jay Sanborn and he is

3.

All claims against Defendants Fielco, LLC, Fielco Industries, Inc. and Tony Ring

based upon alleged conduct of co-defendants Sean Sanborn or Polarhyde Distribution
Corporation based upon theories of "joint venture'', "agency" or "acting in concert" are
DISMISSED;
4.

Any claims against Defendant Tony Ring for conversion and unjust enrichment

are DISMISSED as against him;
5.

All remaining claims are subject to a binding arbitration in accordance with an

August 2011 and February 2013 exclusive distribution agreement and Plaintiff shall file any such
claims in the agreed arbitration forum within twenty (20) days of this Order or show cause to this
Court as to why Plaintiffs case should not then be dismissed;
6.

All remaining claims are STAYED pending the resolution of the final binding

arbitration; and,
7.

The Clerk of Court shall place this matter in the Court's civil suspense

docket and Plaintiff shall provide this Court with a written status on the progress in the binding
arbitration, representing the positions of all parties, on September 18, 2015, November 18,
2015, January 19, 2015, and every sixty (60) days thereafter until the arbitrable claims are
resolved at which point Plaintiff shall promptly notify this Court.

KEARNEY,J.

2

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