Opinion
Case No. 6:05-cv-1923-Orl-DAB.
November 9, 2006
ORDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: DEFENDANT'S MOTION TO COMPEL ARBITRATION AND TO STAY AS TO PLAINTIFF, GIVEN GARCIA (Doc. No. 32)
FILED: November 2, 2006
THEREON it is ORDERED that the motion is DENIED.
Defendants rely on a May 2004 agreement in support of their motion to stay and arbitrate the claims of Given Garcia. See Doc. No. 32-2. Mr. Garcia subsequently signed a new employment agreement with Rsight, Inc. on November 1, 2004 which obviously supersedes the prior agreement to arbitrate; moreover, the November 2004 agreement contains references to litigation, attorney's fees and court costs, and a governing law clause of Florida for litigation. See Doc. No. 35-2. The Motion to Arbitrate is DENIED.
It further appears from the Motion to Compel Arbitration that Defendants failed to confer pursuant to Middle District of Florida Local Rule 3.01(g). Such a conference before filing the Motion would presumably have obviated the cost of Plaintiff's response and the expenditure of judicial resources spent reviewing the Motion. Thus, Defendants' counsel is ORDERED to show cause within 11 days of the date of this Order why she should not be sanctioned for her failure to confer with Plaintiffs' counsel pursuant to Local Rule 3.01(g).
DONE and ORDERED.