Summary
The United States District Court for the Northern District of Mississippi stayed Teddiviosi Moore’s case against Gold Strike Casino Resort, LLC because his employment-related claims were already pending in arbitration under a collective bargaining agreement. The court denied Gold Strike’s motion to dismiss without prejudice and directed the parties to notify the court of the arbitration’s outcome.
Holdings
- A district court may stay proceedings sua sponte when a stay is warranted by its control of the docket and the interests of justice; because Moore's claims were already in arbitration and arbitration had begun before the lawsuit, a stay was appropriate.
- The court denied Gold Strike's motion to dismiss without prejudice rather than deciding its merits while the same claims were pending in arbitration.
Questions Presented
- Whether the court should stay the action because Moore's claims were already proceeding in arbitration under the collective bargaining agreement.
- Whether the court should decide Gold Strike's Rule 12(b)(6) motion while the claims were pending before an arbitrator.
Disposition
other
Cases Cited (4)
- Hines v. D’Artois, 531 F.2d 726, 733 (5th Cir. 1976)(followed)
- Landis v. North Am. Co., 299 U.S. 248, 57 S. Ct. 163, 81 L. Ed. 153 (1936)(followed)
- Lighthouse Consulting Grp., LLC v. Ally Fin. Inc, 2020 WL 6365538, at *1 (W.D. Tex. Mar. 25, 2020)(followed)
- A-1 Am. Fence, Inc. v. Wells Fargo Bank, N.A., 2021 WL 7184974 (E.D. Tex. Nov. 16, 2021)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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