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08-1408 - Davis v. Larson Moving & Storage Co.


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08-1408 - Davis v. Larson Moving & Storage Co.
October 27, 2008
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ORDER granting in part and denying in part 6 Motion to Dismiss., IT IS ORDERED THAT:1.Defendants Motion to Dismiss Amended Complaint or in the Alternative Stay and Refer to Arbitration [Docket No. 6] is GRANTED in part and DENIED in part.2.Plaintiffs claims related to the 2004 ICOA are referred to arbitration pursuant to 9 U.S.C. § 4 and this action is stayed as to those claims pending the outcome of the arbitration pursuant to 9 U.S.C. § 3 (2000).3.Either party may file a motion to stay litigation of Plaintiffs claims related to the 1998 ICLA. Until such a motion is granted, litigation on those claims will proceed. (Written Opinion). Signed by Judge Joan N. Ericksen on October 27, 2008. (slf)