Haymon v. Anderson Battery, Inc.

Full title: JERRY HAYMON, on his own behalf and others similarly situated, Plaintiff…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Oct 11, 2011

CASE NO: 8:11-cv-2051-T-26TBM (M.D. Fla. Oct. 11, 2011)

Opinion

CASE NO: 8:11-cv-2051-T-26TBM.

October 11, 2011

ORDER

RICHARD LAZZARA, District Judge

Upon due consideration, it is ordered and adjudged that Defendants' Motion to Dismiss Plaintiff's Complaint (Dkt. 9) is denied. The only basis for the motion is that this Court has the authority to dismiss claims subject to arbitration. Under Eleventh Circuit precedent, however, claims subject to arbitration should not be dismissed; instead, the Court should stay the proceedings pending arbitration. See Bender v. A.G. Edwards Sons, Inc., 971 F.2d 698, 699 (11^th Cir. 1992) (holding that district court erred in dismissing claims subject to arbitration rather than staying them).

The Alternative Motion to Stay Pending Arbitration (Dkt. 9) is denied without prejudice for failure to comply with the requirements of Local Rule 3.01(g). Counsel for the parties are directed to confer personally within the next seven (7) days in a good faith effort to resolve the issues raised in the motion without this Court's intervention.

DONE AND ORDERED at Tampa, Florida.