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Kisby Lees Mechanical LLC, T/A v. Pinnacle Insulation

September 24, 2012

KISBY LEES MECHANICAL LLC, T/A KISBY SHORE CORP. PLAINTIFF,
v.
PINNACLE INSULATION, INC., DEFENDANT.



The opinion of the court was delivered by: Hon. Jerome B. Simandle

ORDER

This matter having come before the Court upon the motion [Docket Item 9] of Plaintiff Kisby Lees Mechanical to dismiss Defendant Pinnacle Insulation, Inc.'s Counterclaim, which was converted into a motion for summary judgment by the Court on July 31, 2012 [Docket Items 18 & 19]; the Court having considered the submissions of the parties in support thereof and opposition thereto; for the reasons stated in the Opinion of today's date; and for good cause shown;

IT IS this 24th day of September, 2012 hereby ORDERED that the motion for summary judgment is DENIED; and it is

ORDERED that the Plaintiff's request to refer surviving claims to arbitration is DENIED without prejudice.

JEROME B. SIMANDLE Chief U.S. District Judge

20120924

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