Fisher et al v. Taco Bell of America, Inc. et al

Filing 11

ORDER ATTACHED denying 10 Motion to Dismiss and denying without prejudice for failure to comply with Local Rule 3.01(g) 10 Motion to Stay and Compel Arbitration. Parties shall confer within seven (7) days. Signed by Judge Richard A. Lazzara on 12/8/2011. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MEREDITH FISHER, ANTHONY
RICHARDSON, DARRYL LIPSEY,
TARSISH N. STOWE, VEARRYL
HILL, and HUBERT A. MCNEELY,
Plaintiffs,
v.

CASE NO: 8:11-cv-1723-T-26TBM

TACO BELL OF AMERICA, INC., and
YUM1 BRANDS, INC.,
Defendants.
/

ORDER

Upon due consideration, it is ordered and adjudged that Defendants’ Motion to
Dismiss (Dkt. 10) is denied. The only basis for the motion is the contention that claims
subject to arbitration should be dismissed. Under Eleventh Circuit precedent, however,
claims subject to arbitration should not be dismissed. Instead, the court should stay the
proceedings pending arbitration. See Bender v. A.G. Edwards & Sons, Inc., 971 F.2d
698, 699 (11th Cir. 1992) (holding that district court erred in dismissing claims subject to
arbitration rather than staying them).
The Motion to Stay and Compel Arbitration (Dkt. 10) is denied for failure to
comply with the requirements of Local Rule 3.01(g). Counsel for the parties are directed

to confer personally within the next seven (7) days in a good faith effort to resolve the
issues raised in the motion without the necessity of court intervention.
DONE AND ORDERED at Tampa, Florida, on December 8, 2011.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

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