Dimidik v. Hallrich Incorporated

S.D. Ohio

Dimidik v. Hallrich Incorporated

DecidedJuly 14, 2022

Docket3:21-cv-00306

StatusUnknown

This text of Dimidik v. Hallrich Incorporated (Dimidik v. Hallrich Incorporated) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dimidik v. Hallrich Incorporated, (S.D. Ohio 2022).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

COURTNEY DIMIDIK, on behalf . of herself and those similarly , situated, Plaintiff : Case No. 3:21-cv-306 V. JUDGE WALTER H. RICE HALLRICH, INC., et a/, ; Defendants.

ORDER SUSTAINING PLAINTIFF’S MOTION TO SUPPLEMENT BRIEFING (DOC. #25); SIMULTANEOUS BRIEF TO BE FILED WITHIN 10 DAYS

Defendants have filed a motion to dismiss Plaintiff's Class and Collective Action Complaint, which alleges violations of the Fair Labor Standards Act and Ohio law. Doc. #14. Pursuant to Fed. R. Civ. P. 12(b}(1), Defendants argue that the Dispute Resolution Plan signed by Plaintiff requires this dispute to be resolved through mediation or arbitration. Plaintiff disagrees. After Defendants’ motion was fully briefed, Plaintiff filed a Notice of Supplemental Authority, Doc. #25, citing Morgan v. Sundance, Inc., 142 S.Ct. 1708 (May 23, 2022), which held that a court cannot create arbitration-specific variants of a federal procedural rule based on the FAA’s policy favoring arbitration. She asks the Court to permit the parties to file short supplemental briefs detailing their positions on the applicability of this decision to the pending motion.

The Court SUSTAINS Plaintiff's request, Doc. #25. Ten days from the date of this Order, the parties shall file simultaneous supplemental briefs not exceeding five pages in length setting forth their respective positions.

Date: July 13, 2022 Ru WALTER H. RICE UNITED STATES DISTRICT JUDGE

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

COURTNEY DIMIDIK, on behalf . of herself and those similarly , situated, Plaintiff : Case No. 3:21-cv-306 V. JUDGE WALTER H. RICE HALLRICH, INC., et a/, ; Defendants.

ORDER SUSTAINING PLAINTIFF’S MOTION TO SUPPLEMENT BRIEFING (DOC. #25); SIMULTANEOUS BRIEF TO BE FILED WITHIN 10 DAYS

Defendants have filed a motion to dismiss Plaintiff's Class and Collective Action Complaint, which alleges violations of the Fair Labor Standards Act and Ohio law. Doc. #14. Pursuant to Fed. R. Civ. P. 12(b}(1), Defendants argue that the Dispute Resolution Plan signed by Plaintiff requires this dispute to be resolved through mediation or arbitration. Plaintiff disagrees. After Defendants’ motion was fully briefed, Plaintiff filed a Notice of Supplemental Authority, Doc. #25, citing Morgan v. Sundance, Inc., 142 S.Ct. 1708 (May 23, 2022), which held that a court cannot create arbitration-specific variants of a federal procedural rule based on the FAA’s policy favoring arbitration. She asks the Court to permit the parties to file short supplemental briefs detailing their positions on the applicability of this decision to the pending motion.

The Court SUSTAINS Plaintiff's request, Doc. #25. Ten days from the date of this Order, the parties shall file simultaneous supplemental briefs not exceeding five pages in length setting forth their respective positions.

Date: July 13, 2022 Ru WALTER H. RICE UNITED STATES DISTRICT JUDGE

Cite This Page — Counsel Stack

Bluebook (online)

Dimidik v. Hallrich Incorporated, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dimidik-v-hallrich-incorporated-ohsd-2022.

Opinion

Related

Cite This Page — Counsel Stack