Traylor v. D.R. Horton, Inc.

Filing 43

RULING Adopting 40 Report and Recommendations of the U.S. Magistrate Judge. Defts 17 Motion to dismiss or, alternatively, Motion to refer to binding arbitration is denied in part as to the motion to dismiss and granted as to the motion to refer to binding arbitration those issues the arbitrator determines to be arbitrable. FURTHER, the pltfs 19 Cross Motion for partial summary judgment is dismissed without prejudice pending arbitration and this matter is stayed until the conclusion of the arbitration proceeding. Signed by Chief Judge Ralph E. Tyson on 3/29/2010. (JDL, )

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