IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
August 14, 2009
KELLY HOPKINS, ET AL. PLAINTIFFS,
NEW DAY FINANCIAL, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Joel H. Slomsky, J.
AND NOW, this 14th day of August, 2009, upon consideration of Defendants' Motion to Dismiss, or in the Alternative, Motion to Stay Litigation and Compel Arbitration (Docket No. 63); Plaintiffs' Response in Opposition (Docket No. 69); and Defendants' Reply (Docket No. 74), and after Oral Argument on the Motion held on May 14, 2009, it is ORDERED as follows:
1. Defendants' Motion to Dismiss, or in the Alternative, Motion to Stay Litigation and Compel Arbitration (Docket No. 63) is DENIED.
2. A trial shall be held, on a date to be determined, as to whether the Arbitration Agreements are enforceable.
3. The Clerk of Court shall place in suspense, Defendants' Motion to Dismiss the Individual Defendants (Docket No. 62) pending the resolution of the Motion to Compel Arbitration.
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