Whetstone v. Blue World Pools Inc

Filing 28

ORDER dismissing the action without prejudice. Signed by Honorable Joseph F Anderson, Jr on 01/31/2013. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Sylvia Conner,
C/A No. 3:11-1086-JFA
Plaintiff,
v.
Blue World Pools, Inc.,
Defendant.

Angela Whetstone,
C/A No. 5:11-1560-JFA
Plaintiff,
v.
Blue World Pools, Inc.,
ORDER
Defendant.

On October 10, 2012, the Court entered an Order dismissing without prejudice the cases
of all but the above two plaintiffs, Sylvia Conner and Angela Whetstone, in a series of several
related actions against defendant Blue World Pools, Inc. (Blue World). See ECF No. 34. This
dismissal was based on the plaintiffs’ failure to commence arbitration proceedings pursuant to
their contracts with Blue World. The Court did not dismiss the Conner and Whetstone cases at
that time because it was informed that their causes of action were owned by their respective
bankruptcy estates and that their respective Trustees had not decided whether to pursue the
causes of action. The Court also requested that the parties submit a status report on the progress
of arbitration by January 15, 2013.
The Court is now informed that the respective Trustees of Conner’s and Whetstone’s
bankruptcy estates have closed both cases without initiating arbitration against Blue World on
behalf of their estates. The Court is also informed that, assuming each claim returned to its

original owner as of the dates the bankruptcy cases closed, Conner and Whetstone both have yet
to initiate arbitration proceedings against Blue World. Therefore, it appears that these cases
should also be dismissed.
Based on the foregoing, the above-captioned cases are hereby dismissed without
prejudice. As noted in the Court’s previous order, however, these actions may not be refilled
unless and until an arbitration award is entered in favor of either plaintiff. Any action refilled at
that time may only seek to confirm the arbitration award in favor of the plaintiff and have it
converted to a judgment of this Court.
IT IS SO ORDERED.

January 31, 2013
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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