Henry Technologies Holdings, LLC v. Giordano, Michael

Filing 36

ORDER FOR JUDGMENT. Signed by District Judge James D. Peterson on 4/8/15. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

HENRY TECHNOLOGIES HOLDINGS, LLC,
Plaintiff,

ORDER FOR JUDGMENT

v.
14-cv-63-jdp
MICHAEL GIORDANO,
Defendant.

Plaintiff Henry Technologies Holdings, LLC, (Henry Holdings) seeks a declaratory
judgment that it is not bound to an arbitration provision contained in an employment contract
between one of its subsidiaries and defendant Michael Giordano. Without answering, Giordano
moved to compel arbitration. The court denied Giordano’s motion. Giordano declined to file an
answer, pursue discovery, or oppose Henry Holdings’s motion for default judgment. The clerk
entered default on March 11, 2015, Dkt. 31, and the court held a hearing on April 7, 2015.
Giordano appeared by counsel, acknowledging that he had chosen not to file a responsive
pleading, and indicating that he did not oppose the relief that Henry Holdings seeks. The court
awards default judgment to Henry Holdings.
Accordingly, IT IS ORDERED that the clerk of court enter the following declaratory
judgment in favor of Henry Holdings, and close this case:
1. Plaintiff Henry Technologies Holdings, LLC, is not a party to the employment
agreement between defendant Michael Giordano and Henry Technologies, Inc.
2. Plaintiff is not subject to that agreement’s arbitration provision.

IT IS FURTHER ORDERED that costs will be taxed against defendant, and that
defendant, by defaulting, has waived any objection to plaintiff’s costs.

Entered April 8, 2015.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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