CB Plaintiff motion to reopen case

…move, pursuant to Federal Rule of Civil Procedure 60 to reopen this action in accordance with the mandate of the United States Court of Appeals for the Sixth Circuit which vacated the award of the American Arbitration Association in case no. 54 114 E 00124 05, issued on March 28, 2007, reversed the decision of the United States District Court for the Eastern District of Michigan in Case No. 06-10408 affirming the arbitration award and stated that WW, LLC may seek appropriate relief in a court of law.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
March 3, 2009

WW, LLC, et al.,
Plaintiffs,

v.

THE COFFEE BEANERY, LTD.,
et al
Defendants

Case No.: 05-cv-3360

  • * * * * * * * * * * * *

PLAINTIFFS’ MOTION TO REOPEN CASE IN ACCORDANCE WITH ORDER AND OPINION OF UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT AND THE MANDATE ISSUED ON FEBRUARY 17, 2009

WW, LLC, Richard Welshans and Deborah Williams, by their attorneys, Harry M. Rifkin and the Franchise and Business Law Group, move, pursuant to Federal Rule of Civil Procedure 60 to reopen this action in accordance with the mandate of the United States Court of Appeals for the Sixth Circuit which vacated the award of the American Arbitration Association in case no. 54 114 E 00124 05, issued on March 28, 2007, reversed the decision of the United States District Court for the Eastern District of Michigan in Case No. 06-10408 affirming the arbitration award and stated that WW, LLC may seek appropriate relief in a court of law.

The Sixth Circuit Opinion of November 14, 2008, the Order of February 9, 2009, denying the Request for Rehearing and Suggestion for Rehearing En Banc and a certified copy of the Mandate of the Sixth Circuit are attached hereto.

The grounds for this motion are set forth in more detail in the accompanying Memorandum of Law.

/s/
Harry M. Rifkin

Franchise and Business Law Group
20 South Street Third Floor
Baltimore, Maryland 21201
(410) 986-0099
(410) 986-0123
moc.walsubnarf|nikfirh#moc.walsubnarf|nikfirh

Attorneys for Plaintiffs, WW, LLC, Richard Welshans and Deborah Williams

CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of March, 2009, a copy of the foregoing Motion to Reopen Action in Light of Sixth Circuit Order, and Memorandum of Law in Support thereof were electronically filed and mailed, first class, postage prepaid to:

Thomas Brendan Kennedy, Esquire
Hugh Marbury, Esquire DLA Piper, Rudnick, LLP
6225 Smith Avenue Baltimore, Maryland 21209-3600

and to

Karl V. Fink, Esquire
Pear Sperling Eggan & Daniels, P.C.
Domino’s Farms
24 Frank Lloyd Wright Drive Ann Arbor, MI 48105
Attorneys for Defendants

/s/ Harry M. Rifkin


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Risks: Deborah Williams & Richard Welshans, Arbitration award overturned, United States, 20090303 CB reopen

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