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ENCORE PRODUCTIONS, INC. v. PROMISE KEEPERS

No. Civ.A. 99-B-14.

53 F.Supp.2d 1101 (1999)

ENCORE PRODUCTIONS, INC., Plaintiff, v. PROMISE KEEPERS, Michael Whalen d/b/a Whalen & Associates, Inc., Defendants.

United States District Court, D. Colorado.

June 30, 1999.

Attorney(s) appearing for the Case

Dennis W. Brown, Ellen Rubright Ivy, Baldwin & Brown, P.C., Denver, CO, Howard M. Wood, III, Phelon, FitzGerald & Wood, P.C., Manchester, CT, for plaintiff.

Brent E. Rychener, Ashley W. Jordaan, Holme Roberts & Owen, LLP, Colorado Springs, CO, for defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Asserting application of an arbitration clause, Defendant, Promise Keepers ("PK"), moves to dismiss this action pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction, or, in the alternative, to stay it pending arbitration. Defendant, Michael Whalen, moves to dismiss this action pursuant to Rule 12(b)(2) for lack of personal jurisdiction. The motions are fully briefed and heard. For the reasons...

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