Filed: Jan. 16, 2020
Latest Update: Jan. 16, 2020
Summary: ORDER ROBERT W. LEHRBURGER , Magistrate Judge . On January 16, 2020, the Court heard oral argument on Defendants' Motion to Compel Arbitration and Plaintiffs' Cross-Motion For Relief Under Rule 23(d). (Dkt. 715, 717.) As discussed during argument, the various briefings and statements in this case reveal some discrepancies in the number and type of arbitration agreements in dispute. Accordingly: 1. By January 30, 2020, the parties shall meet and confer, and submit to the Court an agreed-up
Summary: ORDER ROBERT W. LEHRBURGER , Magistrate Judge . On January 16, 2020, the Court heard oral argument on Defendants' Motion to Compel Arbitration and Plaintiffs' Cross-Motion For Relief Under Rule 23(d). (Dkt. 715, 717.) As discussed during argument, the various briefings and statements in this case reveal some discrepancies in the number and type of arbitration agreements in dispute. Accordingly: 1. By January 30, 2020, the parties shall meet and confer, and submit to the Court an agreed-upo..
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ORDER
ROBERT W. LEHRBURGER, Magistrate Judge.
On January 16, 2020, the Court heard oral argument on Defendants' Motion to Compel Arbitration and Plaintiffs' Cross-Motion For Relief Under Rule 23(d). (Dkt. 715, 717.) As discussed during argument, the various briefings and statements in this case reveal some discrepancies in the number and type of arbitration agreements in dispute. Accordingly:
1. By January 30, 2020, the parties shall meet and confer, and submit to the Court an agreed-upon set of numbers with respect to the agreements/categories identified in the chart below. The number of any particular category of agreement should reflect the number for which Defendants seek to compel arbitration. The numbers should reflect those prior to concessions made at oral argument.
Pre-Complaint Post-Complaint Post-Cert Total
and Pre-Cert
Separation
Agreements
MD Promotion
Agreements
PWA
Agreements
Equity
Agreements
Total number of
agreements
that Defendants
seek to compel
to arbitration
Total number of
Class Members
who
Defendants
seek to compel
to arbitration
Type(s) and
total number of
agreements
that Plaintiffs
seek to void as
unconscionable
Type(s) and
total number of
agreements
that Plaintiffs
seek to void
under Rule
23(d)
Total number of
Class Members
for whom
Plaintiffs seek
to void
arbitration
agreements as
unconscionable
or under Rule
23(d)
2. The submission shall also identify any concessions made by Plaintiffs at oral argument (or since) as to how many agreements of each type and category they no longer object to based on unconscionability, based on Rule 23(d) or based on any other reason as the case may be.
3. By January 23, 2020, Plaintiffs and Defendants shall separately file on ECF the three demonstrative exhibits provided to the Court during oral argument.
SO ORDERED.
