Myers v. TRG Customer Solutions, Inc.

Filing 75

ORDER granting in part and denying in part 57 Motion to Dismiss; denying without prejudice 8 Motion to Certify Class. Signed by District Judge Aleta A. Trauger on 11/15/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
MYLEE MYERS, individually and on
behalf of all others similarly situated,
Plaintiff,
v.
TRG CUSTOMER SOLUTIONS, INC.
d/b/a IBEX GLOBAL SOLUTIONS,
Defendant.

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Case No. 1:17-cv-00052
Judge Aleta A. Trauger

ORDER
Before the court is the Motion to Compel Arbitration and to Dismiss the Action (Doc.
No. 57) filed by defendant TRG Customer Solutions, Inc., doing business as IBEX Global
Solutions (“IBEX”). The motion has been fully briefed and is ripe for review.
For the reasons set forth in the accompanying Memorandum, the motion is GRANTED
IN PART and DENIED IN PART. That portion of the motion seeking to compel arbitration of
plaintiff Mylee Myers’ claims is GRANTED, but that portion of the motion seeking dismissal of
this case in its entirety is DENIED. The court GRANTS the plaintiff thirty days within which
to file a motion to amend the Complaint to substitute appropriate named plaintiffs from among
the current opt-in plaintiffs. If no motion to amend is filed within that time frame, the defendant
may renew its motion to dismiss.
The plaintiff’s Motion for Conditional Certification and the Issuance of Court-Supervised
Notice (Doc. No. 8) is DENIED WITHOUT PREJUDICE.
It is so ORDERED.

ALETA A. TRAUGER
United States District Judge