TAKIEDINE v. 7-ELEVEN, INC.

Filing 71

MEMORANDUM ORDER THAT 7-ELEVEN'S MOTION TO DISMISS (DOC. NO. 29 ) IS GRANTED IN PART AND DENIED IN PART. 7-ELEVEN'S MOTION TO STAY ARBITRABLE CLAIMS (DOC. NO. 30 ) IS GRANTED. MR. TAKIEDINE'S VENDOR NEGOTIATING PRACTICES CLAIMS - INC LUDING HIS CLAIMS CONCERNING 7-ELEVEN'S PROPRIETARY PRODUCTS - ARE STAYED PENDING THE RESOLUTION BY ARBITRATION PURSUANT TO SECTIONS 15(J), 15(K), AND EXHIBIT J TO THE FRANCHISE AGREEMENTS. THE REMAINDER OF THIS CASE WILL PROCEED. MR. TAKIEDINE SHALL RESPOND TO 7-ELEVEN'S MOTION TO STAY CERTAIN DISCOVERY (DOC. NO. 68 ) BY 3/8/2019, INDICATING WHETHER THE MANUFACTURING COST INFORMATION HE SEEKS RELATES TO ANY OF THE CLAIMS THAT WILL PROCEED BEFORE THE COURT. SIGNED BY HONORABLE GENE E.K. PRATTER ON 2/22/2019. 2/25/2019 ENTERED AND COPIES E-MAILED.(amas)

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

AZMI TAKIEDINE,
Plaintiff,
v.
7-ELEVEN, INC,
Defendant.

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CIVIL ACTION

NO. 17-4518

ORDER
AND NOW, this 22nd day of February, 2019, upon consideration of Defendant 7Eleven’s Motion to Dismiss (Doc. No. 29), Plaintiff Azmi Takiedine’s response thereto (Doc.
No. 31), 7-Eleven’s Motion to Stay Arbitrable Claims (Doc. No. 30), Mr. Takiedine’s response
thereto (Doc. No. 33), 7-Eleven’s reply (Doc. No. 36), the parties’ supplemental briefing on
these issues (Doc. Nos. 58, 59, and 62), and 7-Eleven’s Motion to Stay Certain Discovery (Doc.
No. 68), and following an oral argument held on December 18, 2018, it is ORDERED as
follows:
1. 7-Eleven’s Motion to Dismiss (Doc. No. 29) is GRANTED IN PART AND
DENIED IN PART as set out in the accompanying Memorandum;
2. 7-Eleven’s Motion to Stay Arbitrable Claims (Doc. No. 30) is GRANTED;
3. Mr. Takiedine’s vendor negotiating practices claims—including his claims
concerning 7-Eleven’s proprietary products—are STAYED pending the resolution by
arbitration pursuant to Sections 15(j), 15(k), and Exhibit J to the Franchise
Agreements;
4. The remainder of this case will proceed; and

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5. Mr. Takiedine shall respond to 7-Eleven’s Motion to Stay Certain Discovery (Doc.
No. 68) by March 8, 2019, indicating whether the manufacturing cost information he
seeks relates to any of the claims that will proceed before the Court.

BY THE COURT:

S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE

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