Arbitration Clause – Rule 60 motion for reconsideration.

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7^th Circuit Court of Appeals

Case Name: Rock Hemp Corp. v. Adam Dunn

Case No.: 22-1171

Officials: FLAUM, SCUDDER, and KIRSCH, Circuit Judges

Focus: Arbitration Clause – Rule 60 motion for reconsideration.

Rock Hemp, appellant, contracted with an entity called CBDINC to purchase 6,000 hemp seeds. CBDINC is a fictitious business name used by Appellees, Adam Dunn, Ryan Davies, and Shawn Kolodny. The contract contains an arbitration clause requiring “[a]ny dispute arising out of this Agreement” be resolved through “binding arbitration” in Denver, Colorado. Disappointed with CBDINC’s hemp seeds, Rock Hemp sued Appellees individually, not CBDINC, in Wisconsin state court. After Rock Hemp made clear to Appellees that the amount in controversy exceeded the jurisdictional minimum, Appellees removed the case to federal court and filed a motion to dismiss the case for failure to comply with the arbitration clause. In response, Rock Hemp filed a motion to remand pursuant to 28 U.S.C. § 1447. The district court granted Appellees’ motion to dismiss, denied Rock Hemp’s motion to remand, entered judgment in favor of Appellees, and denied Rock Hemp’s subsequent motion for reconsideration under Federal Rule of Civil Procedure 60.  Rock Hemp appeals these rulings

Affirmed

Decided 10/11/22

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