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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PENNSYLVANIA GEAR CORPORATION,)

Plaintiff )

)

v. ) No. 02CV4359

)

ACSA STEEL FORGINGS, S.P.A., )

Defendant )

MOTION TO STAY PROCEEDINGS UNTIL 

DISPOSITION OF PLAINTIFF’S MOTION TO REMAND

Plaintiff, Pennsylvania Gear Corporation, by and through its undersigned counsel, respectfully

requests that this Court stay all further action in this case pending disposition of Plaintiff’s Motion to

Remand, as more fully set forth in Plaintiff’s accompanying Memorandum.

Respectfully submitted,

_______________________________

Mohammad A. Ghiasuddin, Esquire

Attorney ID Number 83925

Kaplin Stewart Meloff Reiter & Stein, PC

350 Sentry Parkway

P.O. Box 3037

Blue Bell, PA, 19422-0765

610-260-6000 (phone)

610-260-1240 (fax)

Attorney for Plaintiff

Dated: October 1, 2002

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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PENNSYLVANIA GEAR CORPORATION,)

Plaintiff )

)

v. ) No. 02CV4359

)

ACSA STEEL FORGINGS, S.P.A., )

Defendant )

ORDER

AND NOW, this ______ dayof________, 2002, it is herebyORDERED that allfurther action

in this matter is hereby stayed pending disposition of Plaintiff's Motion to Remand.

BY THE COURT:

 

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was caused to be sent by first class mail, postage

prepaid by the undersigned on the date stated below, to the addressee stated below and at the address

stated below:

Robert J. Catalde, Esquire

Catalde & Bradford

731 French Street

Erie, PA 16501

Craig A. Markham, Esquire

Elderkin, Martin, Kelly & Messina

150 East Eighth Street

Erie, PA 16501

KAPLIN STEWART MELOFF 

REITER & STEIN, P.C.

Dated: October 1, 2002 By:____________________________________

MOHAMMAD A. GHIASUDDIN, ESQUIRE

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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PENNSYLVANIA GEAR CORPORATION,)

Plaintiff )

)

v. ) No. 02CV4359

)

ACSA STEEL FORGINGS, S.P.A., )

Defendant )

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION TO STAY PROCEEDINGS

UNTIL DISPOSITION OF PLAINTIFF’S MOTION TO REMAND

Plaintiff, Pennsylvania Gear Corporation (“Penngear”), by and through its undersigned counsel,

submits this Memorandum in support of its Motion to Stay Proceedings, and states as follows:

Plaintiff commenced this action by filing its Complaint on or about June 5, 2002, in the Court of

CommonPleas, BucksCounty, Pennsylvania. On or about July 1, 2002, Defendant ACSA Steel Forgings,

SPA (“ACSA”) filed itsNotice ofRemovalto federalcourt. ACSA filed its Answer on or about July 25,

2002.

On or about August 7, 2002, the Court issued a Notice of Arbitration, setting this matter for

arbitration for November 20, 2002.

Plaintiff filed its Motion to Remand on or about October 1, 2002, based on this Court’s lack of

subject matter jurisdiction. Defendant, on or about September 27, 2002, served its Motion to Dismiss.

Plaintiff seeks to have all action in this matter stayed, pursuant to the Court’s inherent power to

do so, pending disposition of Plaintiff’s Motion to Remand. Plaintiff makes this request because should

Plaintiff’s Motion toRemand be granted, preparations to brief and argue Defendant’s Motion to Dismiss

and preparations to present this case for arbitration will become unnecessary and result in a waste of

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resources, as well as result in unnecessary expense for the parties.

WHEREFORE, forthe foregoing reasons, Plaintiffrespectfully requeststhat itsMotionto Stay be

GRANTED.

Respectfully Submitted,

_________________________________

Mohammad A. Ghiasuddin, Esquire

Attorney ID Number 83925

Kaplin Stewart Meloff Reiter & Stein, PC

350 Sentry Parkway

P.O. Box 3037

Blue Bell, PA, 19422-0765

610-260-6000 (phone)

610-260-1240 (fax)

Dated: October 1, 2002

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was caused to be sent by first class mail, postage

prepaid by the undersigned on the date stated below, to the addressee stated below and at the address

stated below:

Robert J. Catalde, Esquire

Catalde & Bradford

731 French Street

Erie, PA 16501

Craig A. Markham, Esquire

Elderkin, Martin, Kelly & Messina

150 East Eighth Street

Erie, PA 16501

KAPLIN STEWART MELOFF 

REITER & STEIN, P.C.

Dated: October 1, 2002 By:____________________________________

MOHAMMAD A. GHIASUDDIN, ESQUIRE

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