Holmes v. Kelly Services USA, LLC et al

Filing 84

ORDER Terminating as Moot and Without Prejudice Defendants' 13 and 43 Motions to Compel Arbitration. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRACIE HOLMES, Plaintiff, Case No. 16-cv-13164 Hon. Matthew F. Leitman v. KELLY SERVICES USA, LLC et al. Defendants. _________________________________/ ORDER TERMINATING AS MOOT AND WITHOUT PREJUDICE DEFENDANTS’ MOTIONS TO COMPEL ARBITRATION (ECF ## 13, 43) On October 4, 2016, and February 13, 2017, Defendants filed motions to dismiss Plaintiff’s Complaint and/or to compel Plaintiff to arbitrate this dispute. (See ECF ## 13, 43.) Since Defendants filed these motions, the United States Court of Appeals for the Sixth Circuit issued its decision in Gaffers v. Kelly Services, Inc., 900 F.3d 293 (6th Cir. 2018). Gaffers appears to control resolution of these motions. In discussions the Court has had with counsel for all parties, counsel for Plaintiff has indicated that Plaintiff would stipulate to withdrawing her claims in this Court and re-filing them in arbitration. Accordingly, based on Plaintiff’s counsel’s representations, the Court will TERMINATE AS MOOT Defendants’ pending motions to dismiss and/or to compel arbitration. (See ECF ## 13, 43.) 1 This termination is WITHOUT PREJUDICE. Defendants may re-file these motions, in necessary, if Plaintiff does not withdraw her claims in this action. IT IS SO ORDERED.           Dated: September 27, 2018   s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 27, 2018, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 2

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