BREEDEN v. DELTA FAUCET COMPANY

Filing 11

ENTRY ON MOTION TO DISMISS AND TO COMPEL ARBITRATION. For the reasons set forth in defendant's brief, the court concludes that all claims asserted here are subject to arbitration. The court therefore dismisses the case without prejudice and will enter final judgment dismissing plaintiff's claims without prejudice. Signed by Judge David Frank Hamilton on 10/8/2009. (LBK)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DAVID BREEDEN, Plaintiff, v. DELTA FAUCET COMPANY, Defendant. ) ) ) ) ) CASE NO. 1:09-cv-0913-DFH-TAB ) ) ) )

ENTRY ON MOTION TO DISMISS AND TO COMPEL ARBITRATION Defendant Delta Faucet Company has moved to dismiss and to compel arbitration of plaintiff David Breeden's claims against it, including a claim for age discrimination in violation of the Age Discrimination in Employment Act. 29 U.S.C. § 621 et seq. Plaintiff has not responded, and the motion is ripe for ruling.

For the reasons set forth in defendant's brief, the court concludes that all claims asserted here are subject to arbitration. The court therefore dismisses the case without prejudice. If there is an insurmountable obstacle to pursuing

plaintiff's claims through arbitration, it is at least possible that Rule 60(b) of the Federal Rules of Civil Procedure might offer some relief.

The court grants defendant's motion and will enter final judgment dismissing plaintiff's claims without prejudice.

So ordered. Date: October 8, 2009 DAVID F. HAMILTON, CHIEF JUDGE United States District Court Southern District of Indiana Copies to: Michael C. Kendall KENDALL LAW OFFICE [e-mail] Dorothy D. Parson OGLETREE, DEAKINS, NASH, SMOAK & STEWART [e-mail] Kenneth B. Siepman OGLETREE, DEAKINS, NASH, SMOAK & STEWART [e-mail]

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