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05-4950 - Barbieri v. K-Sea Transportation Corp. et al


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05-4950 - Barbieri v. K-Sea Transportation Corp. et al
December 19, 2006
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ORDER denying 10 Motion to Compel Arbitration and denying 15 Cross-Motion to Strike Defendants' First Affirmative Defense. For the reasons stated above, defendant K-Sea's motions to compel arbitration and to stay this litigation are DENIED with leave to renew following a trial on the enforceability of the April 30, 2003 Claims Arbitration Agreement. Plaintiff Mark Barbieri's cross-motion to strike K-Sea's first affirmative defense is also DENIED, with similar leave to renew. Furthermore, the parties are directed to appear before this Court for a final pretrial conference on January 12, 2007 at 2:30 p.m. A joint pretrial order in harmony with this Court's individual practice rules shall be filed on or before January 5, 2007. Ordered by Judge Eric N. Vitaliano on 12/18/2006. (Major, Kara)
July 24, 2008
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MEMORANDUM OF DECISION: In accord with the findings of act and conclusions of law incorporated in this Memorandum of Decision, K-Sea's motions to compel arbitration and stay this litigation are granted on condition and Barbieri's motion to strike K-Sea's first affirmative defense is denied. The Clerk is directed to close this case administratively, but it may be restored to the docket should K-Sea reject the Court's condition of its order or, following the conclusion of arbitration, upon the motion of any party for the entry of any necessary order. Ordered by Judge Eric N. Vitaliano on 7/23/2008. (Zoupaniotis, Evan)