Meghan Young, individually and on behalf of all others similarly situated v. Experian Information Solutions, Inc.

Summary

The United States District Court for the District of New Jersey grants Meghan Young’s motion to vacate the stay and reopen her Fair Credit Reporting Act action against Experian Information Solutions, Inc. The court explains that the parties proceeded to arbitration after the Third Circuit directed that the arbitration clause’s applicability be decided by an arbitrator, but the arbitrator dismissed the arbitration after finding the claim was not subject to arbitration. Experian did not oppose reopening, and the court ordered Experian to answer or otherwise respond to the complaint within 30 days.

Holdings

1. The Court retained jurisdiction over the proceedings and could resume judicial consideration of Plaintiff's FCRA action after the arbitration did not go forward successfully.
2. The Court granted Plaintiff's motion to vacate the stay and reopen the case because the arbitration had been dismissed as inapplicable to the claim and both parties agreed that proceedings should resume in federal court.

Questions Presented

1. Whether the Court should vacate the stay and reopen the FCRA action after the arbitrator determined that the claim was not subject to arbitration.
2. Whether the Court retained jurisdiction to resume proceedings after the arbitration failed to resolve the claim.

Disposition

other