Pruitt et al v. Act Fast Delivery, Inc. et al

Western District of Texas, txwd-5:2019-cv-00049

DEMAND for Trial by Jury by Fernando Cabrera, Sheila Chew, Jasmine Huntsberry, Karen Lawson, Charmane Nash, Ayan Nur, Denetria Penfield, Sandra Pruitt, Yuvannda Watson.

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WESTERN DISTRICT OF TEXAS UNITED STATES DISTRICT COURT SAN ANTONIO DIVISION SANDRA PRUIT, et al., § § Plaintiffs, § § v. § No. 5:19-cv-00049-DAE § ACT FAST DELIVERY, INC., et al., § § Defendants. § PLAINTIFFS' JURY DEMAND RE: ARBITRABILITY UNDER THE FEDERAL ARBITRATION ACT In accordance with 9 U.S.C. § 4, Plaintiffs Sandra Pruitt, Karen Lawson, Ayan Nur, Jasmine Huntsberry, Charmane Nash, Fernando Cabrera, Sheila Chew, Keith Green, Denetria Penfield and Yuvanda Watson demand a trial by jury on all issues related to the arbitrability of their claims under the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). They therefore request that "the [C]ourt make an order referring [issues related to arbitrability, including, without limitation, the making of the arbitration agreement, whether it is unconscionable, the impact of the merger clause on the enforceability of the agreement, and the applicability of the § 1 exception,] to a jury in the manner provided by the Federal Rules of Civil Procedure, or … specially call a jury for that purpose." 9 U.S.C. § 4. Respectfully Submitted, MOORE & ASSOCIATES By: Melissa Moore State Bar No. 24013189 Federal Id. No. 25122 Curt Hesse State Bar No. 24065414 Federal Id. No. 968465 Lyric Centre 440 Louisiana Street, Suite 675 Houston, Texas 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 ATTORNEYS FOR PLAINTIFF SANDRA PRUITT CERTIFICATE OF SERVICE As required by Fed. R. Civ. P. 5(a)(1), I certify that I served this document on all parties or their attorney(s) of record on October 16, 2019, in accordance with Fed. R. Civ. P. 5(b) by filing it with the Court's CM/ECF system, which will send notification of such filing to all counsel of record. Melissa Moore -2-