DAVID WEBER CO., INC., d/b/a WEBER DISPLAY AND PACKAGING v. Bobst Group, Inc

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 02-2127
DAVID WEBER CO., INC., d/b/a WEBER DISPLAY AND PACKAGING
Appellant
v.
BOBST GROUP, INC.
On Appeal From the United States District Court
For the District of New Jersey
(D.C. Civil Action No. 01-cv-02276)
District Judge: Honorable Katharine S. Hayden
Submitted Pursuant to Third Circuit LAR 34.1(a)
February 4, 2003
BEFORE: SLOVITER, RENDELL and STAPLETON, Circuit Judges
(Opinion Filed: February 4, 2003)
OPINION OF THE COURT
STAPLETON, Circuit Judge:
David Weber Co., Inc. ("Weber"), purchased corrugated paperboard
manufacturing equipment from the German subsidiary of Bobst Group, Inc. ("Bobst").
Weber instituted this diversity action against Bobst, stating claims for fraud and
negligent misrepresentation. Bobst responded by moving to compel arbitration of
Weber’s claims and to stay this action pending arbitration. The District Court concluded
that the parties had committed in their contract to arbitrate Weber’s claims and granted
Bobst’s motion. This appeal followed. Bobst promptly moved to dismiss for want of
jurisdiction.
We will dismiss for lack of appellate jurisdiction. The District Court did
not dismiss the action before it; it entered a "stay . . . until arbitration has concluded."
Section 16(b) of Title 9 of the United States Code provides that "an appeal may not be
taken from an interlocutory order . . . granting a stay." This statute is applicable here and
means what it says. Green Tree Financial Corp. Alabama v. Randolph, 531 U.S. 79, 87
n.2 (2000); ATAC Corp. v. Arthur Treacher’s, Inc., 280 F.3d 1091 (6th Cir. 2002). This
was the rule in the Third Circuit even before the passage of 16 in 1988. Zosky v.
Boyer, 856 F.2d 554 (3d Cir. 1988) (rejecting claim that stay for arbitration was a final
order under the collateral order doctrine). Because there is no appealable order, we have
no jurisdiction to address any of the issues raised, including whether the District Court
erred in finding this controversy arbitrable.
/s/ Walter K. Stapleton
Circuit Judge

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