Tennille v. Western Union Company, The

Filing 154

MINUTE ORDER denying 153 Plaintiffs Motion to Certify the Western Union Companys Appeal as Frivolous by Judge John L. Kane on 1/13/2012.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 09-cv-938-JLK (consolidated with 10-cv-765-JLK)
JAMES P. TENNILLE, ROBERT SMET, ADELAIDA DELEON and YAMILET
RODRIGUEZ, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
THE WESTERN UNION COMPANY, a Delaware Corporation, and
WESTERN UNION FINANCIAL SERVICES, INC.,
Defendants.

MINUTE ORDER
Judge John L. Kane ORDERS
Plaintiffs’ Motion to Certify the Western Union Company’s Appeal as Frivolous
(Doc. 153) is DENIED. The Court’s view is that while any assertion on the part of The
Western Union Company that it is entitled under the FAA to appeal the denial of
WUFSI’s Motion to Compel Arbitration is without merit, it is not clear the appeal is
limited to that premise and therefore cannot be said to be frivolous.

Dated: January 13, 2012