Aubuchan et al v. Doe Run Resources Corporation et al

Filing 110

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the case will be referred to mediation as set out above by separate Order. Signed by District Judge Catherine D. Perry on 12/03/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHANE BOWMAN, et al.,
individually and on behalf of all
others similarly situated,
Plaintiffs,
vs.
THE DOE RUN RESOURCES
CORP., et al.,
Defendants.

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Case No. 4:13 CV 2519 CDP

MEMORANDUM AND ORDER
This matter is before me on the joint statement regarding mediation. Although the
parties have agreed to mediate their dispute, defendant Doe Run contends that it will only
mediate and provide discovery relating to the claims of plaintiffs and opt-ins who have
not signed arbitration agreements with Doe Run. For their part, plaintiffs argue that Doe
Run should be required to mediate the claims of all plaintiffs and opt-in plaintiffs, even if
they signed arbitration agreements. Let me be clear – Doe Run is not obligated to
mediate the claims of any potential opt-ins who were previously ordered to arbitrate their
claims by prior Order of this Court. As for those opt-ins who have an arbitration
provision contained in their separation agreement but have not been ordered to arbitrate
because plaintiffs refused to consent, I expect Doe Run to provide discovery for these
opt-ins and include their claims in mediation. If the claims of certain opt-ins are not
resolved during the mediation process, then the issue may be re-raised if necessary at the

conclusion of mediation. However, the Court denied Doe Run’s motion to compel in part
so the parties could negotiate and hopefully resolve this issue during mediation, a goal
which would be thwarted at the outset if the parties do not at least exchange the basic
information about these individuals and include their claims in settlement discussions.
Accordingly,
IT IS HEREBY ORDERED that the case will be referred to mediation as set out
above by separate Order.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of December, 2014.

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