Filed: Mar. 20, 2013
Latest Update: Mar. 28, 2017
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 12-1493 _ DIRECT ENERGY BUSINESS, LLC, Appellant v. ACORN MHL TECHNOLOGY, LLC; AMY LAYOUS _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 2-11-cv-01232) District Judge: Honorable Gary L. Lancaster _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) December 17, 2012 BEFORE: McKEE, Chief Judge, and SLOVITER, VANASKIE, Circuit Judges. (Opinion Filed: March 20, 2013) _ O
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 12-1493 _ DIRECT ENERGY BUSINESS, LLC, Appellant v. ACORN MHL TECHNOLOGY, LLC; AMY LAYOUS _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 2-11-cv-01232) District Judge: Honorable Gary L. Lancaster _ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) December 17, 2012 BEFORE: McKEE, Chief Judge, and SLOVITER, VANASKIE, Circuit Judges. (Opinion Filed: March 20, 2013) _ OP..
More
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 12-1493
_____________
DIRECT ENERGY BUSINESS, LLC,
Appellant
v.
ACORN MHL TECHNOLOGY, LLC; AMY LAYOUS
_____________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 2-11-cv-01232)
District Judge: Honorable Gary L. Lancaster
_____________
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
December 17, 2012
BEFORE: McKEE, Chief Judge, and SLOVITER, VANASKIE, Circuit Judges.
(Opinion Filed: March 20, 2013)
_____________
OPINION
_____________
McKee, Chief Judge.
Direct Energy Business, LLC (“Direct Energy”) appeals the District Court’s order
granting Appellees Acorn MHL Technology, LLC’s (“Acorn”) and Amy Layous’s
motion to dismiss in order to allow the dispute to proceed to arbitration. For the reasons
set forth below, we will affirm.
Because we write primarily for the parties, we need not repeat the facts and
procedural history of this case. Moreover, the District Court has aptly summarized the
relevant background. See Direct Energy Bus., LLC v. Acorn MHL Tech., LLC,
2012 WL
393328 (W.D. Pa. Feb. 6, 2012).
In its well-reasoned opinion, the District Court concluded that a valid agreement to
arbitrate existed between the parties and that the present dispute fell within the scope of
that agreement. On appeal, Direct Energy argues that the District Court’s collateral
finding that the Statement of Work (“SOW”) Extension was incorporated into the Master
Consulting Agreement and the arbitration agreement is incorrect, because it presumes
that the SOW Extension was validly executed by Direct Energy.
In his detailed opinion, Judge Lancaster carefully and clearly explained his reasons
for concluding that the present dispute must proceed before an arbitrator. See id. We can
add little to his discussion or analysis and we will therefore affirm the District Court’s
order granting the Appellees’ motion to dismiss for substantially the same reasons as set
forth in that opinion without further elaboration.
2