Samuels v. OBT Acquisition, LLC
Samuels v. OBT Acquisition, LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION BRITTANY SAMUELS and LACY GUYTON, Each Individually and on Behalf of All Others Similarly Situated PLAINTIFFS v. Case No. 6:20-cv-6012 OTB ACQUISITION, LLC DEFENDANT ORDER Before the Court is Defendant’s Motion to Compel Arbitration of Individual Claims. ECF No. 9. Defendant moves the Court to issue an order compelling final and binding arbitration of the named Plaintiffs’ individual claims and dismissing the named Plaintiffs’ collective and class action claims.1 Defendant has also filed a notice showing that the named Plaintiffs have both submitted demands for arbitration before the American Arbitration Association. ECF No. 11. The named Plaintiffs have not filed a response, and the time for response has passed. The matter is ripe for the Court’s consideration. “A court must grant a motion to compel arbitration if a valid arbitration clause exists which encompasses the dispute between the parties.” 3M Co. v. Amtex Sec., Inc.,
542 F.3d 1193, 1198(8th Cir. 2008). Defendant has shown that valid and enforceable arbitration agreements exist between it and both named Plaintiffs. Defendant has further shown that the named Plaintiffs’
individual claims in the instant lawsuit fall squarely within the terms of those agreements. In addition to mandating the arbitration of the named Plaintiffs’ individual claims, the arbitration agreements explicitly waive their rights to pursue any collective or class action claims against Defendant.
1 Plaintiffs have not moved the Court to certify a class or collective action. Accordingly, the Court finds that Defendant’s Motion to Compel Arbitration (ECF No. 9) should be and hereby is GRANTED. Plaintiffs’ individual claims are referred to arbitration in accordance with the parties’ agreement. This case as it relates to the individual claims is hereby STAYED and ADMINSTRATIVELY TERMINATED pursuant to
9 U.S.C. § 3, without
prejudice to the right of the parties to reopen the proceedings to enforce the arbitrator’s decision. Further, Plaintiffs’ collective and class action claims are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 16th day of April, 2020. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge
Reference
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