Defendant PNE Media LLC moves to dismiss Count II for lack of subject matter jurisdiction.
Jurisdiction is diversity.
Plaintiff Richard A. Plinke's response is that he was fraudulently misled into executing that agreement and was not aware of the arbitration clause, but that his signature page was later made part of it without his knowledge. It is the latter agreement that contains the arbitration clause. The issue is whether the allegations of fraud in the factum defeat the operation of the arbitration clause in the Amended and Restated Limited Liability Company Agreement. However, if it is unclear that the parties have agreed to arbitration as an initial matter, the proceeding should not be stayed. Before plaintiff will be required to arbitrate the claims set forth in Counts V-IX, whether there was an agreement to arbitrate them must be resolved.