Tilford v. Stage Stores, Inc.
Filing
13
OPINION AND ORDER by Magistrate Judge Kimberly E. West granting Defendant's Motion to Compel Arbitration and Stay proceedings (Re: 9 ). Case to be administratively closed pending further order of the court and parties directed to file Status Report as to progress of arbitration of claims no later than 9/20/13. Scheduling Confenece set on 3/28/13 at 1:30 is STRICKEN. (neh, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT- FO~ THE
EASTERN DISTRICT OF OKLAHOMA
CHARLES W. TILFORD,
an individual 1
Plaintiff 1
v.
STAGE STORES, INC.,
a foreign for profit
business corporation,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CIV-13-031-KEW
OPINION AND ORDER
This matter comes before the Court on Defendant's Motion to
Compel Arbitration and Stay Proceedings filed February 28,
(Docket Entry #9).
On January 18, 2013
2013
Plaintiff commenced this
1
action alleging that Defendant, his former employer, discriminated
against him in violation of the Americans with Disabilities Act and
the Oklahoma anti-discrimination statutes.
Defendant has countered
that Plaintiff signed an arbitration agreement as a term of his
employment and that this dispute should be submitted to arbitration
before proceeding in federal court.
concedes that
In his response,
Plaintiff
the arbitration agreement prevails and that this
matter should be submitted to arbitration.
Both parties request
that this case be stayed pending the outcome of arbitration.
The Federal Arbitration Act provides for a stay in the event
one of the affected parties requests a stay and the matter is to be
submitted to arbitration.
9 U.S.C.
ยง
3.
Indeed, the Tenth Circuit
endorses the use of a stay rather than a dismissal in cases such as
this.
955
See, Adair Bus Sales, Inc. v. Blue Bird Corp., 25 F. 3d 953,
(lOth Cir.
1994).
As a
result,
this case will be stayed
pending notification of either the resolution of this case and/or
the conclusion of the arbitration proceedings.
IT IS THEREFORE ORDERED that Defendant's Motion to Compel
Arbitration and Stay Proceedings filed February 28, 2013
Entry #9)
is hereby GRANTED.
(Docket
The parties are directed to submit
the claims asserted in the Complaint to binding arbitration in
accordance with the agreement of the parties.
IT IS FURTHER ORDERED that this case is hereby STAYED and the
Clerk shall administratively close this case, pending further order
of this Court.
the progress of
The parties shall file a Status Report addressing
the arbitration of
Plaintiff 1 s
claims and any
advance toward resolution accomplished by the parties no later than
SEPTEMBER 20, 2013, or earlier if events warrant.
IT IS FURTHER ORDERED that the Scheduling Conference currently
set for March 28 1 2013 at 1:30 p.m. is hereby STRICKEN.
IT IS SO ORDERED this
~~ay
of March, 2013.
JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?