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COHEN v. FORMULA PLUS, INC.

C.A. No. 10-316-LPS/MPT.

750 F.Supp.2d 495 (2010)

Paul COHEN, an individual, Clark Esperance, an individual, George J. Febish, an individual, and Jan Gordon, an individual, Plaintiffs, v. FORMULA PLUS, INC., a Delaware Corporation, and Does 1-10, Defendants.

United States District Court, D. Delaware.

November 8, 2010.

Attorney(s) appearing for the Case

Kelly A. Green, Esquire, Klehr, Harrison, Harvey, Branzburg, and Ellers, Wilmington, DE; Tedd S. Levine, Esquire, The Law Offices of Tedd S. Levine, Garden City, NY, for Plaintiffs.

Kurt M. Heyman, Esquire, Dominick T. Gattuso, Esquire, Proctor Heyman, Wilmington, DE; Michael A. Corfield, Esquire, Corfield Law, Irvine, CA, for Defendant.

MEMORANDUM OPINION

THYNGE, United States Magistrate Judge.

INTRODUCTION

In this case, the court now considers defendants Formula Plus, Inc. and Does 1-10's ("Formula Plus") motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1), or, in the alternative, its motion to stay the proceedings pending arbitration.1 The parties completed briefing on these issues on September 8, 2010.2 For the...

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