Tant et al v. Blue World Pools Inc

Filing 32

ORDER dismissing the action without prejudice. Signed by Honorable Joseph F Anderson, Jr on 10/10/2012. (bshr, )

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

Michael Lawrence and Lorraine Lawrence,
C/A No. 8:11-1099-JFA
Plaintiffs,
v.
Blue World Pools, Inc.,
Defendant.

Lynda Glasser et al.,
C/A No. 3:11-1086-JFA
Plaintiffs,
v.
Blue World Pools, Inc.
Defendant.

Peggy Tant and Eugene Tant,
C/A No. 9:11-1102-JFA
Plaintiffs,
v.
Blue World Pools, Inc.
Defendant.

Clifford Braden et al.,
C/A No. 5:11-1091-JFA
Plaintiffs,
v.
Blue World Pools, Inc.
Defendant.

Angela Whetstone,
C/A No. 5:11-1560-JFA
Plaintiff,
v.

ORDER

Blue World Pools, Inc.
Defendant.

By order filed June 22, 2011, this court granted the motion by the defendant in the abovecaptioned actions, Blue World Pools, Inc., to stay the first four actions and compel arbitration
pursuant to a mandatory arbitration provision in the contracts between the parties. By separate
order entered July 21, 2011, the court granted the same relief in the fifth action listed above.
Thus, as a result of these two orders, each of the above-captioned actions were stayed and the
parties were directed to engage in arbitration pursuant to the arbitration provision in their
respective contracts.
In August 2012, this court requested a status report from counsel regarding the progress
of arbitration. The responses indicated that, with the exception of the cases of plaintiffs Angela
Whetstone and Sylvia Conner, none of these cases are currently the subject of ongoing
arbitration proceedings. An attempt to arbitrate was made with regard to some of the cases, but
because Blue World Pools had previously failed to comply with the American Arbitration
Association’s (AAA’s) policy regarding consumer claims, the AAA rejected the demand for
arbitration in January 2012. As of the date of this order, no arbitration proceedings have been
commenced.

2

When the court received the requested status reports on these cases, a hearing was
scheduled for October 2, 2012. At the hearing, after receiving additional input from counsel, the
court announced that it intended to dismiss all of these cases (except for the Whetstone and
Conner cases referenced above) without prejudice. Defendant expressed concern that if the cases
are subsequently refiled, they may be refiled in state court, thereby obligating the defendant to
pay significant removal fees to have the cases returned to this court.

Upon hearing this

suggestion, plaintiffs’ counsel committed not to refile these actions unless and until an arbitration
award is entered in favor of the plaintiffs. Any actions refiled at that time would merely seek to
confirm the arbitration award in favor of the plaintiffs and have it converted to a judgment in this
court.
For the foregoing reasons, all cases referenced in the captions above except for plaintiffs
Angela Whetstone (C/A No. 5:11-1560) and Sylvia Conner (C/A No. 3:11-1086) are hereby
dismissed without prejudice. The attorneys for the parties are requested to provide the court on
with a status report on the progress of the latter two cases or before January 15, 2013.
IT IS SO ORDERED.

October 10, 2012
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

3