Ciarrocchi v. Kevin W. Smith & Associates, Inc. et al

Filing 65

ORDER THAT KEVIN W. SMITH AND KEVIN W. SMITH & ASSOCIATES, INC.'S MOTION TO SERVER AND TRANSFER #56 THE THIRD PARTY COMPLAINT AGAINST THEM UNDER A VALID FORUM SELECTION CLAUSE IN THE ASSET PURCHASE AGREEMENT AND SHARE TRANSFER AGREEMENT IS GRANTED AND THE CLERK OF COURT SHALL FORTHWITH TRANSFER THE THIRD-PARTY CLAIMS; KEVIN W. SMITH AND KEVIN W. SMITH & ASSOCIATES, INC.'S MOTION TO DISMISS #55 IS DENIED AS MOOT SUBJECT TO BEING RENEWED BEFORE THE UNITED STATES DISTRICT COURT IN THE NORTHERN DISTRICT OF TEXAS; AND, AS THE SAME ISSUES ARE NOW BEING FULLY LITIGATED IN THIS COURT AS WE PREPARE FOR THE DATE CERTAIN 4/30/2018 TRIAL DATE #58 , WE URGE THE PARTIES TO COORDINATE DISCOVERY IN BOTH FORA CONSISTENT WITH FED.R.CIV.P.1. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/6/17. 11/6/17 ENTERED AND COPIES E-MAILED.(ti, ) [Transferred from Pennsylvania Eastern on 11/6/2017.]

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE PIAZZA FAMILY TRUST II

v.

CIVIL ACTION
NO. 17-1704

ANTHONY CIARROCCHI
ORDER
AND NOW, this 6th day of November 2017, upon considering Third Party Defendants
Kevin W. Smith's and Kevin W. Smith & Associates, Inc.'s Motion to dismiss (ECF Doc. No.
55) and Motion to sever and transfer (ECF Doc. No. 56), Defendant Anthony Ciarrocchi's

Response (ECF Doc. No. 61) and for reasons in the accompanying Memorandum, it is
ORDERED:
1.

Kevin W. Smith and Kevin W. Smith & Associates, Inc. 's Motion to sever and

transfer (ECF Doc. No. 56) the third party complaint against them under a valid forum selection
clause in the asset purchase agreement and share transfer agreement is GRANTED and the Clerk
of Court shall forthwith transfer the third-party claims filed by Anthony Ciarrocchi against Kevin
W. Smith individually and Kevin W. Smith & Associates, Inc. to the Clerk of the United States
District Court for the Northern District of Texas (Fort Worth Division);
2.

Kevin W. Smith and Kevin W. Smith & Associates, Inc.'s Motion to dismiss

(ECF Doc. No. 55) is DENIED as moot subject to being renewed before the United States
District Court in the Northern District of Texas; and,
3.

As the same issues are now being fully litigated in this Court as we prepare for

the date certain April 30, 2018 trial date (ECF Doc. No. 58), we urge the parties to coordinate
discovery in both fora consistent with Fed.R.Civ.P. 1.