Berger et al v. Accounting Fulfillment Services, LLC et al

Middle District of Florida, flmd-8:2016-cv-00744

ORDER: Defendants' Motion to Stay Proceedings Pending Appeal of July 8, 2016 Order Denying in Part Motion to Compel Arbitration {{31}} is GRANTED. This action is stayed pending appeal. The Clerk is directed to administratively close this case. The parties shall file a joint status report within fourteen (14) days of the conclusion of the appeal. Signed by Judge James S. Moody, Jr on 7/29/2016. (LN)

Interested in this case?

Current View

Full Text

PageID 207 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHAEL BERGER, JACOB BULLOCK, RYAN CARROLL, ANTHONY ALARCON, DAVID EMERY, COURTNEY POLIVKA, individually and on behalf of others similarly situated, Plaintiffs, v. CASE NO: 8:16-cv-744-T-30JSS ACCOUNTING FULFILLMENT SERVICES LLC, MANHATTAN PROFESSIONAL GROUP, INC., MICHAEL SAVAGE, BRENDAN PACK, GARY MELWICK, and LINDSEY KUSH, Defendants. __________________________________________/ ORDER THIS CAUSE comes before the Court upon Defendants' Motion to Stay Proceedings Pending Appeal of July 8, 2016 Order Denying in Part Motion to Compel Arbitration (Dkt. #31). The Court, having reviewed the motion and being otherwise advised in the premises, concludes that the motion should be granted. On July 28, 2016, the Defendants filed a Notice of Appeal of portions of the July 8, 2016 Order pursuant to the Federal Arbitration Act, 9 U.S.C. § 16(a)(1)(A) and (C) (the "FAA"). (Dkt. #30). The FAA provides the Defendants a direct, immediate right to file an interlocutory appeal of an order denying arbitration. See 9 U.S.C. § 16(a)(1)(A) and (C). PageID 208 While the Court believes its decision on the motion to compel arbitration remains correct, Defendants have met their limited burden to stay this action pending resolution of the appeal of the Court's Order denying in part its motion to compel arbitration. It is therefore ORDERED AND ADJUDGED that: 1. Defendants' Motion to Stay Proceedings Pending Appeal of July 8, 2016 Order Denying in Part Motion to Compel Arbitration (Dkt. #31) is GRANTED. 2. This action is stayed pending appeal. 3. The Clerk is directed to administratively close this case. 4. The parties shall file a joint status report within fourteen (14) days of the conclusion of the appeal. DONE and ORDERED in Tampa, Florida on July 29, 2016. Copies furnished to: Counsel/Parties of Record S:\Even\2016\16-cv-744 stay 31.wpd -2-