Porter et al v. MC Equities, LLC
| Shanea Porter and Lisa Conley |
| MC Equities, LLC and Employers Resource Management, Inc. |
| 1:2012cv01186 |
| May 14, 2012 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A. Gaughan |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
33
Memorandum Opinion and Order: Defendants' motions to compel arbitration under the FAA are granted because defendants have sufficiently demonstrated the existence of enforceable ADR Agreements. In accordance with Morrison, however, the C ourt finds that the fee provisions of the NAF Code of Procedure (incorporated by reference into the ADR Agreements) are unenforceable as against plaintiffs and must be severed from the Agreements. Under the circumstances, the Court finds the case is appropriately stayed pending arbitration rather than dismissed. Given the Court's determination that the plaintiffs must submit to mandatory mediation and arbitration as called for in the ADR Agreements, plaintiffs' Motion for Conditional Certification, Expedited Opt-in Discovery, and Court-Supervised Notice to Potential Opt-In Plaintiffs (Doc. 13 ) in litigation is moot. Judge Patricia A. Gaughan on 8/30/12. (LC,S)
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