Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

6-16-2004

D'Iorio v. Majestic Lanes Inc Precedential or Non-Precedential: Precedential

Docket No. 03-1788

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Recommended Citation "D'Iorio v. Majestic Lanes Inc" (2004). 2004 Decisions. Paper 550. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/550

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 03-1788 ___________

JOHN D'IORIO; DIANE D'IORIO

v.

MAJESTIC LANES INC., a New Jersey Corporation,

Appellant ___________

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

(D.C. No. 01-cv-00809) District Judge: The Honorable Harold A. Ackerman ___________

ARGUED MARCH 9, 2004

Before: SLOVITER, NYGAARD, Circuit Judges and OBERDORFER, District Judge*

(Filed June 16, 2004) ___________

*. Hon. Louis F. Oberdorfer, Senior District Judge, United States District Court for the District of Columbia, sitting by designation. Anthony S. McCaskey, Esq. (Argued) Peter B. Van Deventer, Jr., Esq. St. John & Wayne Two Penn Plaza East Newark, NJ 07105 Counsel for Appellant

Scott K. McClain, Esq. (Argued) Winne, Banta, Hetherington & Basralian 25 Main Street Court Plaza North Hackensack, NJ 07602 Counsel for Appellee

ORDER AMENDING SLIP OPINION

It is now ordered that the published Opinion in the above case filed June 3, 2004,

be amended as follows:

On page 2, the seventh line of the second paragraph under section I, delete

“arbitration”, and insert “trial de novo”. The sentence should now read:

Following the passage of the thirty-day limitation on demands for trial de novo, D’Iorio filed a document styled as a “Notice of Withdrawal of Demand for Trial De Novo,” requesting that the District Court withdraw his demand for a trial de novo and reinstate the arbitration award.

By the Court

/s/ Richard L. Nygaard Circuit Judge

Dated: 6/16/2004