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17-609 - O'Sullivan v. Sunil Gupta, M.D., LLC et al


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17-609 - O'Sullivan v. Sunil Gupta, M.D., LLC et al
May 1, 2017
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ORDER AND REASONS: IT IS ORDERED that RSI's 24 motion to dismiss the declaratory judgment action is DENIED, but that RSI's 24 motion to compel arbitration of the remaining claims is GRANTED and that arbitration of the remaining claims against RSI is COMPELLED. IT IS FURTHER ORDERED that the individual defendants' 25 motion to dismiss is DENIED WITHOUT PREJUDICE. O'Sullivan may propound discovery on the defendants with respect to the personal jurisdiction issue. Such discovery shall be completed by June 30, 2017. Defendants may re-file their motion no later than July 14, 2017, and O'Sullivan shall respond by July 24, 2017, at which time the Court will take the motion under submission. Any discovery disputes which arise in connection with this order shall be promptly brought to the attention of this Court. Signed by Judge Lance M Africk on 5/1/2017. (mmv)
August 10, 2017
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ORDER AND REASONS: ORDERED that the 52 motion is GRANTED as set forth herein. Paragraph 5, subsections (a), (b), (c), and (d); paragraph 8, subsections (a)(1) and (b); and paragraph 13 of the RSI Agreement are hereby declared NULL AND VOID, and are severed from the RSI Agreement. FURTHER ORDERED that the case is STAYED AND ADMINISTRATIVELY CLOSED pending final resolution of the arbitration of all remaining claims against RSI and the individual defendants. See 9 U.S.C. ยง 3. Any party may move to reopen the case upon written motion within 30 days of the final resolution of the arbitration. Signed by Judge Lance M Africk on 8/10/2017.(blg)