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Meredith Fisher, Anthony Richardson, Darryl Lipsey, Tarsish N. Stowe v. Taco Bell of America

December 8, 2011

MEREDITH FISHER, ANTHONY RICHARDSON, DARRYL LIPSEY, TARSISH N. STOWE, VEARRYL HILL, AND HUBERT A. MCNEELY, PLAINTIFFS,
v.
TACO BELL OF AMERICA, INC., AND YUM1 BRANDS, INC., DEFENDANTS.



The opinion of the court was delivered by: Richard A. Lazzara United States District Judge

ORDER

Upon due consideration, it is ordered and adjudged that Defendants' Motion to Dismiss (Dkt. 10) is denied. The only basis for the motion is the contention that claims subject to arbitration should be dismissed. 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 Motion to Stay and Compel Arbitration (Dkt. 10) is denied 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 the necessity of court intervention.

Richard A. Lazzara

COPIES FURNISHED TO: Counsel of Record

20111208

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