Appleyard v. Murphy Oil USA, Inc.

Filing 17

ORDER GRANTING JOINT 16 MOTION TO STAY AND ADMINISTRATIVELY CLOSING CASE. Signed by Judge J. Daniel Breen on 6/20/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
RICHARD APPLEYARD,
Plaintiff,
v.

No. 1:17-cv-01188-JDB-egb

MURPHY OIL USA, INC.,
Defendant.

ORDER GRANTING JOINT MOTION TO STAY AND ADMINISTRATIVELY CLOSING
CASE
______________________________________________________________________________

Before the Court is the parties’ June 15, 2018, joint motion to institute a second stay of this
matter. (Docket Entry (“D.E.”) 16.) Specifically, the parties seek a stay pending the outcome of
individual arbitration pursuant to 9 U.S.C. § 3. According to the filing, arbitration will resolve all
claims in this matter and it is the parties’ request that the Court retain jurisdiction over this action
solely for the purposes of enforcing, modifying, or vacating any arbitration award.
The Federal Arbitration Act (“FAA”) provides that
[i]f any suit or proceeding be brought in any of the courts of the United States upon
any issue referable to arbitration under an agreement in writing for such arbitration,
the court in which such suit is pending, upon being satisfied that the issue involved
in such suit or proceeding is referable to arbitration under such an agreement, 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, providing the applicant
for the stay is not in default in proceeding with such arbitration.
9 U.S.C. § 3.
In Hilton v. Midland Funding, LLC, 687 F. App’x 515 (6th Cir. 2017), the Sixth Circuit
recently articulated that

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[t]he FAA’s instruction that courts should stay proceedings pending arbitration
applies only if a few conditions are met. First, the issue must be arbitrable. Second,
one of the parties must apply for a stay. Third, the party requesting the stay cannot
be in default in proceeding with the arbitration.
Hilton, 687 F. App’x at 518; see also id. at 519 (“The FAA requires a court to stay proceedings
pending arbitration only ‘on application of one of the parties.’”).
Here, the parties appear to be in agreement that all of the claims at issue in this matter are
arbitrable and there is no indication that either party is in default in proceeding with the arbitration.
Therefore, as both parties have applied for a stay, it is hereby GRANTED. This matter is STAYED
pending arbitration and will be closed for administrative purposes.

The Court will retain

jurisdiction solely for purposes of enforcing, modifying, or vacating any arbitration award between
the parties. Further, the motion to dismiss pending on the Court’s docket (D.E. 11) shall be
terminated.
IT IS SO ORDERED this 20th day of June 2018.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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