Tilford v. Stage Stores, Inc., No. 6:2013cv00031 - Document 13 (E.D. Okla. 2013)
Court Description: OPINION AND ORDER by Magistrate Judge Kimberly E. West granting Defendant's Motion to Compel Arbitration and Stay proceedings (Re: 9 ). Case to be administratively closed pending further order of the court and parties directed to file Status Report as to progress of arbitration of claims no later than 9/20/13. Scheduling Confenece set on 3/28/13 at 1:30 is STRICKEN. (neh, Deputy Clerk)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT- FO~ THE EASTERN DISTRICT OF OKLAHOMA CHARLES W. TILFORD, an individual 1 Plaintiff 1 v. STAGE STORES, INC., a foreign for profit business corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-13-031-KEW OPINION AND ORDER This matter comes before the Court on Defendant's Motion to Compel Arbitration and Stay Proceedings filed February 28, (Docket Entry #9). On January 18, 2013 2013 Plaintiff commenced this 1 action alleging that Defendant, his former employer, discriminated against him in violation of the Americans with Disabilities Act and the Oklahoma anti-discrimination statutes. Defendant has countered that Plaintiff signed an arbitration agreement as a term of his employment and that this dispute should be submitted to arbitration before proceeding in federal court. concedes that In his response, Plaintiff the arbitration agreement prevails and that this matter should be submitted to arbitration. Both parties request that this case be stayed pending the outcome of arbitration. The Federal Arbitration Act provides for a stay in the event one of the affected parties requests a stay and the matter is to be submitted to arbitration. 9 U.S.C. ยง 3. Indeed, the Tenth Circuit endorses the use of a stay rather than a dismissal in cases such as this. 955 See, Adair Bus Sales, Inc. v. Blue Bird Corp., 25 F. 3d 953, (lOth Cir. 1994). As a result, this case will be stayed pending notification of either the resolution of this case and/or the conclusion of the arbitration proceedings. IT IS THEREFORE ORDERED that Defendant's Motion to Compel Arbitration and Stay Proceedings filed February 28, 2013 Entry #9) is hereby GRANTED. (Docket The parties are directed to submit the claims asserted in the Complaint to binding arbitration in accordance with the agreement of the parties. IT IS FURTHER ORDERED that this case is hereby STAYED and the Clerk shall administratively close this case, pending further order of this Court. the progress of The parties shall file a Status Report addressing the arbitration of Plaintiff 1 s claims and any advance toward resolution accomplished by the parties no later than SEPTEMBER 20, 2013, or earlier if events warrant. IT IS FURTHER ORDERED that the Scheduling Conference currently set for March 28 1 2013 at 1:30 p.m. is hereby STRICKEN. IT IS SO ORDERED this ~~ay of March, 2013. JUDGE 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
