Durr v. Adams Beverages, Inc.

Filing 27

ORDER GRANTING IN PART and DENYING IN PART 21 MOTION ; the MOTION is GRANTED to the extent it seeks to compel arbitration of plf's claims against def, and the parties are hereby ORDERED to submit all claims, controversies, and disputes be tween them as alleged in the Complaint to arbitration in accordance with the terms of the agreement between them; further ORDERING that this matter is STAYED pending the completion of arbitration pursuant to 9 USC 3; def's MOTION is DENIED to th e extent it seeks dismissal of plf's claims against def; further ORDERING that the parties shall file a jointly prepared Report on the status of this case on or before 7/1/2013, as further set out in order; ORDERING that def's 22 motion for summary judgment is DENIED WITH LEAVE TO REFILE if necessary at a future date to be set by the Court pending arbitration proceedings. Signed by Honorable Judge Mark E. Fuller on 5/9/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
TERRANCE D. DURR,
Plaintiff,
v.
ADAMS BEVERAGES, INC.,
Defendant.

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CASE NO.: 1:12-cv-536-MEF
(WO -- Do Not Publish)

ORDER
This cause is before the Court on a Motion to Compel Arbitration and Dismiss, or in
the Alternative, to Stay Proceedings (Doc. #21). This motion was filed on March 19, 2013,
by Defendant Adams Beverages, Inc. (“Defendant”). By this motion, Defendant seeks to
compel Plaintiff Terrance D. Durr (“Plaintiff”) to submit his employment dispute with it to
arbitration pursuant to a prior agreement between the parties. Defendant also asks this Court
to stay these proceedings pending arbitration. Plaintiff has filed a written response to
Defendant’s motion (Doc. #26) and has consented to submitting his claims to arbitration.
Having reviewed the record in this action, the Court hereby ORDERS that
Defendant’s motion (Doc. #21) is GRANTED IN PART and DENIED IN PART. The
motion (Doc. #21) is GRANTED to the extent it seeks to compel arbitration of Plaintiff’s
claims against Defendant, and the parties are hereby ORDERED to submit all claims,
controversies, and disputes between them as alleged in the Complaint to arbitration in
accordance with the terms of the agreement between them. It is further ORDERED that this
matter is STAYED pending the completion of arbitration pursuant to 9 U.S.C. § 3.

Defendant’s motion (Doc. #21) is DENIED to the extent it seeks dismissal of Plaintiff’s
claims against Defendant.
It is further ORDERED that the parties shall file a jointly prepared report on the status
of this case on or before July 1, 2013, and the parties shall thereafter file a jointly prepared
report on the first Tuesday of every month until such time as the parties jointly stipulate that
this action can be dismissed. The jointly prepared report shall indicate the status of the
arbitration proceedings and the expected date those proceedings will be concluded.
Finally, it is ORDERED that Defendant’s Motion for Summary Judgment (Doc. #22)
is DENIED WITH LEAVE TO REFILE if necessary at a future date to be set by the Court
pending arbitration proceedings.
DONE this the 9th day of May, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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