MILLER v. CLUB DEMONSTRATIONS SERVICES, INC. et al

Filing 11

OPINION filed. Signed by Judge Mary L. Cooper on 7/11/2013. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JENNIFER MILLER,

CIVIL ACTION NO. 13-2627 (MLC)
O P I N I O N

Plaintiff,
v.
CLUB DEMONSTRATIONS SERVICES, INC.,
Defendant.

THE PLAINTIFF, Jennifer Miller, brings the action against her
former employer, the defendant, Club Demonstrations Services, Inc.
(“CDSI”).

(See dkt. entry no. 1, Notice of Removal, Ex. A, Compl.)

Miller alleges that CDSI violated her rights under the New Jersey
Conscientious Employee Protection Act, N.J.S.A. § 34:10-1, et seq.
(“CEPA”).

(See id. at 1-3.)

CDSI now moves to compel arbitration of the underlying
dispute.

(See dkt. entry no. 7, Notice of Mot.; see also dkt.

entry no. 7-1, Br. in Supp. at 6-16.)1

Insofar as CDSI seeks to

compel arbitration, Miller does not oppose the Motion.
entry no. 9-4, Opp’n Br. at 2, 3.)

(See dkt.

For good cause appearing, the

Motion will thus be granted insofar as CDSI seeks to compel
1

CDSI also moved to dismiss the Complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6) and CEPA’s one-year statute of
limitations. (See Notice of Mot.; Br. in Supp. at 1-6.) However,
insofar as CDSI earlier sought that form of relief, CDSI has
withdrawn that request. (See dkt. entry no. 10, Reply Br. at 1.)

arbitration of the dispute underlying the Complaint.

The Court

will order the parties to proceed to arbitration, as set forth by
the terms of their arbitration agreement.

(See dkt. entry no. 7-2,

Epstein Certification, Ex. B, Arbitration Agreement.)
THE COURT will stay the action “until such arbitration has
been had in accordance with the terms of the” Arbitration
Agreement.

9 U.S.C. § 3; see Quilloin v. Tenet HealthSys. Phila.,

Inc., 673 F.3d 221, 227 n.2 (3d Cir. 2012) (noting that “a stay,
rather than a dismissal, is the required course of action when
compelling arbitration”); Lloyd v. HOVENSA, LLC, 369 F.3d 263, 26869 (3d Cir. 2004).
THE COURT will enter a separate Order.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:

July 11, 2013

2