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17-631 - Santich v. VCG Holding Corp. et al


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17-631 - Santich v. VCG Holding Corp. et al
August 10, 2017
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ORDER denying 132 Plaintiffs Corrected Motion For Leave to File Surreply to Defendants Reply in Support of Motion to Stay Discovery or Dismiss and Motion for Court Facilitated Discovery Conference by Magistrate Judge Michael E. Hegarty on 08/10/2017. The Motion Hearing currently set for 8/14/2017 is VACATED. (mdave, )
September 26, 2017
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 74 MOTION to Dismiss or Stay Proceedings Pursuant to Sections 3 and 4 of the Federal Arbitration Act, to Compel Plaintiffs to Arbitration, and to Strike Class and Collective Action Allegations filed by Denver Restaurant Concepts LP, VCG Holding Corp., Lowrie Management, LLLP, 61 MOTION for Leave to Proceed as a Conditional Collective Action, To Provide Notice, and To Toll All Statutes of Limitations (Expedited) filed by Georgina Santich by Magistrate Judge Michael E. Hegarty on 09/26/2017. The Court respectfully recommends that Defendants Motion to Stay or Dismiss Proceedings Pursuant to Section 3 and 4 of the Federal Arbitration Act, to Compel Plaintiffs to Arbitration, and to Strike Class and Collective Allegations [filed 5/26/2017; ECF No. 74] be granted. The Court recommends that the District Court stay this litigation at least until the arbitrator determines the validity of the arbitration agreements. In light of the Courts holding on Defendants Motion to Compel Arbitration, the Court recommends that Plaintiffs Expedited Motion to Proceed as a Conditional Collective Action, to Provide Notice, and to Toll all Statute of Limitations [filed 5/12/2017; ECF No. 61] be denied as moot. (mdave, )