Barkwell v. Sprint Communications Company L.P.

Filing 72

ORDER granting 69 Motion to Stay. Ordered by Judge Clay D. Land on 02/08/2012. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
ERIC BARKWELL and GARY MASSEY, *
on behalf of themselves and all
other similarly situated
*
persons,
*
Plaintiffs,
* CASE NO. 4:09-CV-56 (CDL)
vs.
*
SPRINT COMMUNICATIONS COMPANY,
L.P., et al.,
*
Defendants.

*
O R D E R

The Court recently denied the Motion to Compel Arbitration
of Defendants Sprint Communications Company, L.P., Sprint Nextel
Corporation, Sprint Solutions, Inc., and Sprint Spectrum, L.P.
(collectively, “Sprint”).
ECF No. 67.

See generally Order, Jan. 12, 2012,

Sprint has appealed that decision.

Notice of Appeal, Jan. 30, 2012, ECF No. 68.

See generally

Presently pending

before the Court is Sprint’s Motion for Stay Pending Appeal (ECF
No. 69).

“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

litigation so long as the appeal is non-frivolous.”

stay

the

Blinco v.

Green Tree Servicing, LLC, 366 F.3d 1249, 1253 (11th Cir. 2004)
(per curiam).

Though a district court may declare an appeal to

be frivolous and decline to stay litigation,

id., the Court

cannot conclude that Sprint’s appeal in this case is frivolous.
Therefore, Sprint’s Motion for Stay Pending Appeal (ECF No. 69)
is granted.

IT IS SO ORDERED, this 8th day of February, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

2