RAYMOND P. MOORE, District Judge.
This matter is before the Court on Defendants' second and third motions to compel arbitration (ECF Nos. 85, 96). For the reasons below, the Court grants the second motion with respect to the five Plaintiffs identified therein, partially grants the third motion with respect to eight Plaintiffs identified therein, and denies the third motion without prejudice with respect to the remaining six Plaintiffs identified therein.
Former Plaintiffs Beattie and Houston filed this lawsuit as a collective and class action, alleging, among other things, violations of the Fair Labor Standards Act ("FLSA"). Numerous other Plaintiffs have opted in to the lawsuit by filing consents to join (ECF Nos. 5, 25, 32-34, 38-50, 56, 58, 61-63, 65, 67, 69, 73-76, 78, 80, 81, 84, 87, 93, 94, 99, 100, 103, 107-180). On May 21, 2019, this Court granted Defendants' motion to compel arbitration with respect to Plaintiffs Beattie and Houston, while allowing the case to proceed with respect to the other Plaintiffs. (ECF No. 66.) On July 3, 2019, the Court granted in part and denied in part without prejudice another motion to compel, finding that fifty-five Plaintiffs who had consented to join the case, having executed the same agreement as the original Plaintiffs, were likewise compelled to arbitrate their claims. (ECF No. 82.)
Defendants filed the second and third motions to compel
Defendants' second motion to compel argues that five Plaintiffs who opted in to the case electronically executed the same arbitration agreement in the same manner as the fifty-seven Plaintiffs who have thus far been compelled to arbitrate their claims. Plaintiffs concede that the evidence with respect to these five Plaintiffs is "substantially similar" to the evidence relied upon to successfully compel those fifty-seven Plaintiffs to arbitration. (ECF No. 90 at 2.) Therefore, the Court grants the second motion to compel for the same reasons provided in its previous orders. (See ECF Nos. 66, 82.)
Defendants seek to compel fourteen additional opt-in Plaintiffs to arbitrate their claims. The Court finds that the evidence with respect to eight of these Plaintiffs
Generally, when there are genuine issues of material fact regarding the making of agreement to arbitrate, a jury trial on the existence of the agreement is warranted. See Avedon Eng'g, Inc. v. Seatex, 126 F.3d 1279, 1283 (10th Cir. 1997). However, this is a case where the total number of Plaintiffs and the number of Plaintiffs subject to arbitration agreements are moving targets. Accordingly, the Court denies without prejudice the motion to compel these Plaintiffs to arbitrate.
The Court GRANTS Defendants' second motion to compel (ECF No. 85) and GRANTS IN PART and DENIES IN PART WITHOUT PREJUDICE Defendants' third motion to compel (ECF No. 96) as provided herein.