Weinberg v. National Football League Players Association et al

Filing 13

MOTION to Compel Arbitration and to Dismiss the Petition by Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, John Collins, Keith Washington, Mark Levin, National Football League Players Association with Brief in Support. (Attachments: # 1 Proposed Order) (Miller, Ralph)

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Weinberg v. National Football League Players Association et al Doc. 13 Att. 1 Case 3:06-cv-02332 Document 13-2 Filed 01/09/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Steve Weinberg, Plaintiff, vs. National Football League Players Association, Richard Berthelsen, Gene Upshaw, Tom DePaso, Trace Armstrong, Roger Kaplan, John Collins, Keith Washington, Tony Agnone, Howard Shatsky, and Mark Levin, Defendants. § § § § § § § § § § § § Civil Action No. 3-06-CV-2332-B ECF ORDER GRANTING THE NFLPA DEFENDANTS' MOTION TO COMPEL ARBITRATION AND TO DISMISS THE PETITION THIS MATTER having come before the Court on the motion of Defendants National Football League Players Association, Richard Berthelsen, Tom DePaso, Gene Upshaw, Mark Levin, Trace Armstrong, John Collins, and Keith Washington (collectively "NFLPA Defendants") to compel arbitration and to dismiss the Petition; IT IS on this _____ day of January, 2007 ORDERED that: The NFLPA Defendants' motion to compel arbitration and to dismiss the Petition be and hereby is GRANTED. In the alternative, IT IS on this _____ day of January, 2007 ORDERED that: 1. The NFLPA Defendants' motion to compel arbitration and to dismiss the Petition in the above-captioned matter is GRANTED in part and DENIED in DA1:\469710\01\@2F$01!.DOC\64922.0232 Dockets.Justia.com Case 3:06-cv-02332 Document 13-2 Filed 01/09/2007 Page 2 of 2 part. Plaintiff must arbitrate all claims against _____________. The petition is dismissed as to these defendants. Plaintiff's claims against all other defendants are stayed pending the completion of the arbitration. 2. Plaintiff's claims for fraud and conspiracy to commit fraud are dismissed against all defendants pursuant to Federal Rule of Civil Procedure 9(b). ____________________________________ Honorable Jane Boyle United States District Court Northern District of Texas DA1:\469710\01\@2F$01!.DOC\64922.0232 2

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