John Michael Deleman v. HighLevel, Inc.

CourtDistrict Court, M.D. Pennsylvania
DecidedJanuary 5, 2026
Docket3:25-cv-01284
StatusUnknown

This text of John Michael Deleman v. HighLevel, Inc. (John Michael Deleman v. HighLevel, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Michael Deleman v. HighLevel, Inc., (M.D. Pa. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA JOHN MICHAEL DELEMAN,

Plaintiff, CIVIL ACTION NO. 3:25-CV-01284

v. (MEHALCHICK, J.) HIGHLEVEL, INC.,

Defendant.

MEMORANDUM Plaintiff John Michael Deleman (“Deleman”) commenced this pro se action on July 9, 2025, by filing a complaint in the Luzerne County Court of Common Pleas. (Doc. 1-2). On July 14, 2025, Defendant HighLevel, Inc. (“HighLevel”) removed this action to this Court based on diversity jurisdiction. (Doc. 1). On July 15, 2025, Deleman filed a motion for a temporary restraining order and preliminary injunction. (Doc. 3). On July 16, 2025, HighLevel filed a motion to compel arbitration. (Doc. 14). On July 25, 2025, this Court issued an order denying Deleman’s motion for a temporary restraining order, granting HighLevel’s motion to compel arbitration, and staying this case pending arbitration. (Doc. 41). Before the Court is Deleman’s motion to lift the stay. (Doc. 42). For the reasons discussed below, the Court DENIES Deleman’s motion. I. FACTUAL AND PROCEDURAL BACKGROUND Deleman operates Elite Marketing Authority Co. (“EMA”), a marketing SaaS business.1 (Doc. 1-2, at 3). HighLevel is a digital services provider and platform which

1 “SaaS” stands for “software as a service” and is a software distribution method in which a service provider gives customers access through the internet to applications, usually ones developed and owned by the provider. SaaS, Dictionary.Com, DICTIONARY.COM, https://www.dictionary.com/browse/saas (last visited Nov. 19, 2025). provides marketing agencies with various tools to design websites, manage social media, manage client-relations, and manage client communications. (Doc. 1-2, at 3). Deleman and EMA utilized HighLevel’s platform and services since 2019. (Doc. 22, ¶¶ 1, 15). According to Deleman, he began utilizing HighLevel’s platform and services after making a verbal

agreement with HighLevel CEO Shaun Clark (“Clark”). (Doc. 22, ¶¶ 1, 15). On November 30, 2024, Deleman encountered HighLevel’s terms of service and clicked a box accepting those terms of service to obtain a fifty percent discount on HighLevel’s services. (Doc. 14-5, ¶¶ 1, 15; Doc. 22, ¶¶ 1, 15). HighLevel’s terms of service contain arbitration provision which states in relevant part: Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas. Any arbitration award may be entered in a court of competent jurisdiction.

(Doc. 14-6, at 54). HighLevel’s terms of service also contain a merger clause which states:

Except as noted below, these Terms constitute the sole and entire agreement between you and HighLevel with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of HighLevel.

(Doc. 14-6, at 52).

HighLevel’s terms of services further include a forum selection clause stating, “[t]he laws of the State of Texas will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflict of laws.” (Doc. 14-6, at 53). The terms of service contain a limitation on liability clause which states: Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, provided however, this limitation will not apply to you if you only use the free Services, and in this case, if HighLevel determines to have any liability to you or any third party arising from your use of the free Services, then HighLevel’s aggregate liability will be limited to one hundred U.S. dollars.

(Doc. 14-6, at 50).

Finally, HighLevel’s terms of service contain a clause limiting the time to file claims which states: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

(Doc. 14-6, at 51).

On June 17, 2025, HighLevel terminated Deleman’s account on the platform, blocked Deleman from accessing its platform, and ceased all services it provided Deleman and EMA. (Doc. 10-9, at 3). On July 9, 2025, Deleman filed a complaint alleging various claims against HighLevel under Pennsylvania law. (Doc. 1-2). In the complaint, Deleman requests both monetary and injunctive relief. (Doc. 1-2, at 16-17). On July 15, 2025, Deleman filed an emergency motion for a temporary restraining order and preliminary injunction requesting the Court order HighLevel to reinstate Deleman’s accounts and enjoin it from further interfering with Deleman’s business operations. (Doc. 3). On July 16, 2025, HighLevel filed a motion to compel arbitration. (Doc. 14). The Court denied Deleman’s motion for a temporary restraining order and preliminary injunction, granted HighLevel’s motion to compel arbitration, and stayed this case pending the outcome of arbitration. (Doc. 40; Doc. 41). Deleman now asks the Court to lift the stay and “restore the case to the Court’s active docket.”2 (Doc. 42). HighLevel opposes the motion, arguing that the Court should deny the

motion both as a motion to lift the stay and as an improperly filed, untimely motion for reconsideration. (Doc. 44). II. LEGAL STANDARD A. MOTION TO LIFT STAY “The decision to stay litigation. . . pending the outcome of a related arbitration is one left to the discretion of the district court.” Commonwealth Ins. Co. v. Underwriters, Inc., 846 F.2d 196, 199 (3d Cir. 1988). Whether to lift a stay is at the discretion of the Court and “‘[w]hen circumstances have changed such that the court's reasons for imposing the stay no longer exist or are inappropriate, the court may lift the stay.’” Sager v. Allied Interstate, LLC, No. 3:18-CV- 220, 2021 WL 9406785, at *2 (W.D. Pa. Dec. 21, 2021) (quoting Canady v. Erbe Elektromedizin GmbH, 271 F. Supp. 2d 64, 74 (D.D.C. 2002)); see Piazza v. Young, No. 4:19-CV-00180, 2023

WL 1994388, at *2 (M.D. Pa. Feb. 14, 2023); see also McCall v. Avco Corp., No. 4:18-CV-01350, 2019 WL 2004358, at *1 (M.D. Pa. May 7, 2019). Where new circumstances are not presented, and no new hardship exists, a motion to lift the stay should be denied. KGaA v.

2 The Court notes that Deleman did not file a brief in support with his motion to lift the stay but rather appears to have incorporated a brief into his motion. (Doc. 42). Deleman filed a brief in support on October 16, 2025, after HighLevel filed a brief in opposition. (Doc. 44; Doc. 45). Given Deleman’s pro se status, the Court will liberally construe his initial motion as being both a brief in support and motion and his second brief as an additional reply brief. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (stating “[a] document filed pro se is ‘to be liberally construed’” (quoting Estelle v.

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Bluebook (online)
John Michael Deleman v. HighLevel, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-michael-deleman-v-highlevel-inc-pamd-2026.