Ross Stores, Inc., Ross Dress for Less, Inc., and Steven Fuentes v. Freddie Price

Opinion

REVERSE and REMAND and Opinion Filed {Date}

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01147-CV

ROSS STORES, INC., ROSS DRESS FOR LESS, INC., AND STEVEN FUENTES, Appellants

V.

FREDDIE PRICE, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas

Trial Court Cause No. CC-18-03907-B

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Whitehill, and Justice Nowell Opinion by Chief Justice Burns This is an appeal from the trial court’s order denying Ross Stores, Inc., Ross

Dress For Less, Inc., and Steven Fuentes’s motion to compel arbitration of the claims

brought against them by Freddie Price. The parties have settled the issue on appeal

and have filed a joint motion for disposition of the appeal. We grant the motion. In

accordance with the parties’ agreement and without regard to the merits, we reverse

the trial court’s order denying the motion to compel arbitration and remand the case

to the trial court for entry of an order (1) compelling Price to submit her claims to

arbitration in accordance with the Ross Dress For Less, Inc. Texas Injury Benefit

Plan and Ross Dress For Less, Inc. Texas Injury Benefit Plan Summary Plan

Description and (2) staying Price’s claims in the trial court action until the

completion of arbitration. See TEX. R. APP. P. 42.1(a)(2)(A).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

191147F.P05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

ROSS STORES, INC., ROSS On Appeal from the County Court at DRESS FOR LESS, INC., AND Law No. 2, Dallas County, Texas STEVEN FUENTES, Appellants Trial Court Cause No. CC-18-03907-

B.

No. 05-19-01147-CV V. Opinion delivered by Chief Justice Burns, Justices Whitehill and Nowell FREDDIE PRICE, Appellee participating.

In accordance with this Court’s opinion of this date and WITHOUT REGARD TO THE MERITS, we REVERSE the trial court’s order denying Ross Stores, Inc., Ross Dress For Less, Inc., and Steven Fuentes’s motion to compel arbitration and REMAND the case to the trial court for entry of an order (1) compelling Freddie Price to submit her claims to arbitration in accordance with the Ross Dress For Less, Inc. Texas Injury Benefit Plan and Ross Dress For Less, Inc. Texas Injury Benefit Plan Summary Plan Description and (2) staying Price’s claims in the trial court action until the completion of arbitration.

As agreed by the parties, we ORDER that each party bear its own costs of this appeal.

Judgment entered May 1, 2020.