KAUFFMAN v. U-HAUL INTERNATIONAL, INC. et al

Filing 34

OPINION/ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS CASE FROM CIVIL SUSPENSE DOCKET AND RETURN IT TO THE ACTIVE DOCKET. DEFENDANTS' MOTION, ECF NO. 5, IS GRANTED IN PART. THIS CASE REMAINS STAYED PENDING THE OUTCOME OF THE ARBITRATION. THE PARTIES ARE DIRECTED TO PROVIDE JOINT STATUS REPORTS CONCERNING THIS CASE EVERY SIXTY DAYS. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/27/18. 8/28/18 ENTERED AND COPIES E-MAILED.(ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
MICHAEL KAUFFMAN,

:
:
Plaintiff,
:
:
v.
:
:
U-HAUL INTERNATIONAL, INC.;
:
COLLEGEBOXES, LLC; and eMOVE, INC.,
:
:
Defendants.
:
__________________________________________

No. 5:16-cv-04580

ORDER
AND NOW, this 27th day of August, 2018, upon consideration of Defendants’ Motion to
Compel Arbitration and Dismiss Plaintiff’s Complaint, ECF No. 5, and for the reasons set forth
in the Opinion issued this date, it is ORDERED that:
1. The Clerk of Court shall REMOVE this case from Civil Suspense Docket and RETURN
it to the active docket;
2. Defendants’ Motion, ECF No. 5, is GRANTED in part;
3. The parties are DIRECTED to submit the dispute to binding arbitration pursuant to the
terms of the eMove Agreement, except that the Court severs the following provisions of
the Agreement: (1) “Each party shall pay its own expenses of arbitration and the expense
of the arbitrator shall be shared equally”; and (2) “Both parties agree that if a party files
any Action contrary to this provision, the other party can recover reasonable attorney fees
and reasonable costs resulting from those efforts necessary to challenge that filing and
bring the Action back in accordance with the terms of this provision.” In addition, the
Court severs the provision requiring the application of the AAA Commercial Arbitration

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Rules, but only insofar as those rules require Kauffman to pay arbitration fees and costs.
The Court DIRECTS that eMove pay Kauffman’s arbitration filing fees and share of the
arbitrator’s fees, and that the provisions of the applicable wage and hour statutes should
govern the award of attorney’s fees;
4. This case remains STAYED pending the outcome of the arbitration;
5. The parties are DIRECTED to provide joint status reports concerning this case every
sixty days.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge

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