Scheurer, Anne v. Fromm Family Foods LLC

Filing 36

ORDER granting 29 Motion to Stay; denying as moot 35 Motion for Status Report On Its Motion For a Stay. Signed by District Judge James D. Peterson on 10/12/2016. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ANNE E. SCHEURER,
Plaintiff,

ORDER

v.
FROMM FAMILY FOODS LLC,

15-cv-770-jdp

Defendant.
This is an employment discrimination case. Defendant Fromm Family Foods LLC,
moved to compel arbitration under the Federal Arbitration Act (FAA), relying on an
arbitration agreement between plaintiff and an employment agency. Dkt. 14. The court
denied Fromm’s motion, Dkt. 25, a decision immediately appealable under 9 U.S.C.
§ 16(a)(1). Fromm has appealed, Dkt. 26, and now moves to stay district court proceedings
pending appeal. Dkr. 29.1 Scheuer does not oppose Fromm’s motion. Dkt. 34.
A notice of appeal under 9 U.S.C. § 16 halts lower court proceedings unless the appeal
is frivolous. Bradford-Scott Data Corp. v. Physician Computer Network, Inc., 128 F.3d 504, 50506 (7th Cir. 1997). If the appeal is frivolous, then a district court can deny stay in the district
court’s proceedings. Otherwise, the district court must stay its proceedings. “An appeal is
frivolous when the appellant’s arguments are utterly meritless and have no conceivable
chance of success.” Berkson v. Gulevsky, 362 F.3d 961, 964 (7th Cir. 2004).
This case was complicated by the inartfully drafted contract between plaintiff and the
employment agency, on which Fromm based its motion to compel arbitration. The court
found Fromm’s arguments in support of its motion unpersuasive. But Fromm’s arguments
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Fromm also moves for a status report on its motion for stay. Dkt. 35.

were not so utterly meritless to render Fromm’s appeal frivolous. Accordingly, the court will
grant Fromm’s motion to stay proceedings in the district court pending appeal.

ORDER
IT IS ORDERED that:
1. Defendant Fromm Family Foods LLC’s motion for a stay in the district court
proceedings pending appeal, Dkt. 29, is GRANTED.
2. Defendant’s motion for a status report on its motion for a stay, Dkt. 35, is
DENIED as moot.

Entered October 12, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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