Edward D. Jones & CO., L.P. v. Loyet

Filing 14

MEMORANDUM AND ORDER - The Motion to Compel Arbitration and Stay Proceedings, ECF No. 13 , filed by Defendant James Loyet is granted. This action is stayed pending resolution of arbitration. Ordered by Senior Judge Laurie Smith Camp. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

EDWARD D. JONES & CO., L.P.,
Plaintiff,

8:19CV185

vs.
MEMORANDUM AND ORDER
JAMES LOYET,
Defendant.

This matter is before the Court on the unopposed Motion to Compel Arbitration
and Stay Proceedings, ECF No. 13, filed by Defendant James Loyet. The Motion will be
granted.
“Two questions are pertinent when [considering] . . . a motion to compel arbitration:
(1) whether the parties entered a valid arbitration agreement, and, (2) if so, whether the
parties’ particular ‘dispute falls within the scope of the arbitration agreement.’” Parm v.
Bluestem Brands, Inc., 898 F.3d 869, 873 (8th Cir. 2018) (quoting Unison Co. v. Juhl
Energy Dev., Inc., 789 F.3d 816, 818 (8th Cir. 2015)). If both questions are answered in
the affirmative, the Court “shall on application of one of the parties stay the trial of the
action until such arbitration has been had in accordance with the terms of the agreement
. . . .” 9 U.S.C. § 3.
The parties agree a valid agreement requires arbitration of their dispute and that
the Court should stay all further proceedings in this case. Accordingly,
IT IS ORDERED:
1.

The Motion to Compel Arbitration and Stay Proceedings, ECF No. 13, filed
by Defendant James Loyet is granted; and

2.

This action is stayed pending resolution of arbitration.

Dated this 28th day of June, 2019.

BY THE COURT:
s/Laurie Smith Camp
Senior United States District Judge

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