Easter et al v. Compucredit Corporation et al

Filing 29

ORDER granting 16 Renewed Motion to Compel Arbitration or, in the Alternative, to Dismiss the First Amended Complaint; granting 19 Motion to Dismiss or Stay this Case and Compel Arbitration, or in the Alternative, to Dismiss for Failure to State a Claim; Case stayed pending arbitration pursuant to 9 U.S.C. section 3. Signed by Honorable Harry F. Barnes on February 27, 2009. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION RUTH EASTER, PATRICIA MAYS, and GWENDOLYN EDERINGTON, individually and on behalf of a class of similarly situated persons V S. CASE NO. 08-CV-1041 PLAINTIFFS COMPUCREDIT CORPORATION, VS FINANCIAL, LLC, and VS FINANCIAL OF ARKANSAS, LLC d/b/a FIRST AMERICAN CASH ADVANCE ORDER DEFENDANTS Before the Court are two motions: 1) the Renewed Motion to Compel Arbitration or, in the Alternative, to Dismiss the First Amended Complaint filed by Defendants Compucredit Corporation and VS Financial, LLC (Doc. 16); and 2) the Motion to Dismiss or Stay this Case and Compel Arbitration, or in the Alternative, to Dismiss for Failure to State a Claim filed by Defendant VS of Arkansas, LLC. (Doc. 19). Plaintiffs responded to both of these Motions with a single response. (Doc. 21). Defendants replied. (Doc. 23). For reasons discussed in the Memorandum Opinion of even date, the Court finds that the Renewed Motion to Compel Arbitration or, in the Alternative, to Dismiss the First Amended Complaint filed by Defendants Compucredit Corporation and VS Financial, LLC (Doc. 16) is GRANTED, and the Motion to Dismiss or Stay this Case and Compel Arbitration, or in the Alternative, to Dismiss for Failure to State a Claim filed by Defendant VS of Arkansas, LLC. (Doc. 19) is GRANTED. Pursuant to 9 U.S.C. section 4, the Court directs the parties to submit this case to arbitration in accordance with the Waiver of Jury Trial and Arbitration provision of the "Promissory Note and Federal Truth-in-Lending Disclosures." This case is stayed pending arbitration pursuant to 9 U.S.C. section 3. IT IS SO ORDERED, this 27th day of February 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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