Parks Pharmacy, Inc. et al v. OptumRx, Inc.
ORDER: it is ORDERED that the 38 motion to withdraw is GRANTED to the extent that the 9 motion to compel arbitration is deemed unopposed; it is ORDERED as follows: (1) Dft's 9 unopposed motion to compel arbitration is GRANTED; (2) Pursu ant to 9 USC 4, Plfs are ORDERED to submit this dispute to arbitration in the manner provided in the arbitration agreements (see Doc. # 10 ); (3) This action is DISMISSED without prejudice, as further set out in order; (4) Dft's 9 motion for dismissal with prejudice is DENIED. Signed by Honorable Judge William Keith Watkins on 9/8/2021. (wcl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
PARKS PHARMACY, INC., and
DEMETRIUS YVONNE PARKS,
CASE NO. 2:19-CV-611-WKW
Before the court is Plaintiffs’ motion to withdraw their opposition to
Defendant’s motion to compel arbitration. (Doc. # 38.) As grounds, Plaintiffs assert
that they “desire to pursue settling” their claims in binding arbitration. (Doc. # 38.)
Based upon careful consideration, it is ORDERED that the motion (Doc. # 38) is
GRANTED to the extent that the motion to compel arbitration (Doc. # 9) is deemed
Furthermore, based upon a review of the record, it is ORDERED as follows:
Defendant’s unopposed motion to compel arbitration (Doc. # 9) is
Pursuant to 9 U.S.C. § 4, Plaintiffs are ORDERED to submit this
dispute to arbitration in the manner provided in the arbitration agreements (see Doc.
This action is DISMISSED without prejudice. Either party may move
to reopen this action in order to enforce, vacate, or modify an award resulting from
the arbitral proceedings, if necessary and appropriate. See 9 U.S.C. § 9 (providing
the procedures for confirmation of an arbitration award in a United States district
court); id. § 10(a) (delineating four, narrow grounds for seeking vacatur of an
arbitration award); id. § 11 (setting forth the permissible bases for seeking
modification of an arbitration award).
Defendant’s motion for dismissal with prejudice (Doc. # 9) is DENIED.
DONE this 8th day of September, 2021.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE
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