Filed: Aug. 10, 2015
Latest Update: Aug. 10, 2015
Summary: MEMORANDUM OPINION SHARON LOVELACE BLACKBURN , Senior District Judge . This case is before the court on Defendant's Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6) or, in the Alternative, Motion to Dismiss and Compel Arbitration. (Doc. 9.) 1 Defendant contends that the parties' dispute is subject to a binding arbitration agreement. ( Id. at 4.) Plaintiff did not file any opposition to defendant's motion. For the reasons set forth below, defendant's Motion to Dismiss and Compel Arbitr
Summary: MEMORANDUM OPINION SHARON LOVELACE BLACKBURN , Senior District Judge . This case is before the court on Defendant's Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6) or, in the Alternative, Motion to Dismiss and Compel Arbitration. (Doc. 9.) 1 Defendant contends that the parties' dispute is subject to a binding arbitration agreement. ( Id. at 4.) Plaintiff did not file any opposition to defendant's motion. For the reasons set forth below, defendant's Motion to Dismiss and Compel Arbitra..
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MEMORANDUM OPINION
SHARON LOVELACE BLACKBURN, Senior District Judge.
This case is before the court on Defendant's Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6) or, in the Alternative, Motion to Dismiss and Compel Arbitration. (Doc. 9.)1 Defendant contends that the parties' dispute is subject to a binding arbitration agreement. (Id. at 4.) Plaintiff did not file any opposition to defendant's motion. For the reasons set forth below, defendant's Motion to Dismiss and Compel Arbitration will be granted and its Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6), will be denied as moot.
Plaintiff Annette Ross and defendant, The Fresh Market, her former employer, entered into an Agreement to Resolve Claims, in which they "agree[d] to [a] dispute resolution procedure with respect to any dispute relating to a term or condition of employment." (Doc. 10-2 at 2.) The Agreement required the parties "to submit to arbitration." (Id.) Also, the Agreement states that it "is a waiver of the right to jury trial on claims that would otherwise be brought in court." (Id.)
The court finds that plaintiff entered into a binding arbitration agreement with defendant. Therefore, defendant's Motion to Dismiss and Compel Arbitration, (doc. 9), will be granted and plaintiff's Complaint will be dismissed without prejudice.2 Its Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6) will be denied as moot.
An Order granting in part and denying in part defendant's Motion to Dismiss Under Rules 12(b)(5) and 12(b)(6) or, in the Alternative, Motion to Dismiss and Compel Arbitration, (doc. 9), will be entered contemporaneously with this Memorandum Opinion.
