Cowden v. Wachovia Securities et al

Filing 23

ORDER granting 9 Motion to Stay. This action is stayed pending resolution of Wells Fargo's appeal. Signed by Chief Judge William H. Steele on 5/17/2011. Copies to parties. (mpp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANN TIFFIN COWDEN,
Plaintiff,
v.
WACHOVIA SECURITIES, etc., et al.,
Defendants.

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) CIVIL ACTION 11-0112-WS-N
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ORDER
This matter is before the Court on the motion of defendant Wachovia Securities
(“Wells Fargo”) to stay all proceedings pending appeal. (Doc. 9). The parties have filed
briefs in support of their respective positions, (Docs. 10, 19, 20), and the motion is ripe
for resolution.
“When a litigant files a motion to stay litigation in the district court pending an
appeal from the denial of a motion to compel arbitration, the district court should stay the
litigation so long as the appeal is non-frivolous.” Blinco v. Green Tree Servicing, LLC,
366 F.3d 1249, 1253 (11th Cir. 2004). While the Court does not embrace all of Wells
Fargo’s argument, it does concur that the appeal is not frivolous. The plaintiff, while
opposing a stay, does not disagree.
Accordingly, the motion to stay is granted. This action is stayed pending
resolution of Wells Fargo’s appeal.1
1

As noted in a previous order, the appeal might have been obviated by a motion to
reconsider. Moreover, the plaintiff indicates that Wells Fargo has recently produced documents
indicating that the specific accounts at issue are governed by contracts containing their own
arbitration clauses, which would moot her objection to arbitration. (Doc. 19 at 3). The Court
expects the parties to resolve the arbitration issue efficiently and without unnecessary delay or
consumption of judicial resources, trial or appellate.

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DONE and ORDERED this 17th day of May, 2011.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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