John D'iorio; Diane D'iorio v. Majestic Lanes Inc., a New Jersey Corporation

*. Hon. Louis F. Oberdorfer, Senior District Judge, United States District Court for the
District of Columbia, sitting by designation.
PRECEDENTIAL
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
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ARGUED MARCH 9, 2004
Before: SLOVITER, NYGAARD, Circuit Judges and OBERDORFER, District Judge*
(Filed June 16, 2004)
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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

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