Fox v. Berry et al

Filing 9

ORDER denying without prejudice 6 Motion to Compel Arbitration and Stay Proceedings Pursuant to F.R.C.P. 12(b)(6). The parties shall engage in discovery limited to the issue of whether a valid agreement to arbitrate was entered into by them. The parties shall confer and submit a joint case management plan on or before 9/24/21. See Order for full details. Signed by Honorable Robert D. Mariani on 9/8/21 (jam)

Case 3:20-cv-01998-RDM Document 9 Filed 09/08/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JACOB FOX,
Plaintiff,
3:20-CV-1998
(JUDGE MARIANI)

v.
KEVIN BERRY
c/o KMB PLUMBING & ELECTRICAL, INC. :
and TPRSK, LLC d/b/a KMB PLUMBING & :
ELECTRICAL, INC.,
Defendants.

ORDER
AND NOW THIS

__4_

DAY OF SEPTEMBER 2021, for the reasons set forth

in this Court's accompanying memorandum opinion, IT IS HEREBY ORDERED THAT:
1. "Defendants' Motion to Compel Arbitration and Stay Proceedings Pursuant to F.R.C.P.
12(b)(6)" (Doc. 6) is DENIED WITHOUT PREJUDICE.
2. The parties shall engage in discovery limited to the issue of whether a valid agreement
to arbitrate was entered into by them.
3. The parties shall confer and submit a joint case management plan to the Court on or
before September 24, 2021 setting forth the deadlines for the completion of discovery
and for the filing of motions for summary judgment under Federal Rule of Civil Procedure
56 on the question of whether the parties have entered into a valid and enforceable
arbitration agreement covering Plaintiff's cla·ims as set
Robert
anarn
United States District Judge