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August 18, 2005
Motion to arbitrate delayed, denied
I don't know why a defense lawyer would wait 10 months before filing a motion to compel arbitration. Suit filed July 11, 2004. Motion filed May 19, 2005.
After some employees (who had signed arbitration agreements) sued claiming FLSA violations, the employer
- filed answers
- attended a scheduling conference
- filed amended answers
- engaged in written discovery and depositions
- participated in mediation
- filed counterclaims against two plaintiffs
- attended a pre-trial conference
And then a motion to compel arbitration. More than 10 months after suit was filed.
The trial judge held that the employer waived its right to compel arbitration. Robinson v. Food Service of Belton (D. Kansas 07/11/2005).
The employer argued that it set up the arbitration agreement as an affirmative defense in its amended answer.
The judge said that notified the plaintiffs of the employer's right to arbitrate, but not the intent to arbitrate.
My view: Don't appeal from this one.
Posted by Ross Runkel, Editor at LawMemo, publisher of Employment Law Memo. Try it.
