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U.S. Federal District Courts
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D. Minn.Procedural orderFiled Aug. 12, 2022

DeSousa v. GoBrands, Inc.

Judge
Elizabeth Cowan Wright
Docket
0:22-cv-01615
Court
U.S. District Court · District of Minnesota
Pages
3
ArbitrationCivil Procedure
In one sentence

In DeSousa v. GoBrands, Inc., Judge Wright granted a stay pending arbitration and denied GoBrands’s motion to compel arbitration without prejudice.

Who this affects

Christopher DeSousa and GoBrands, Inc.; the case is paused while the arbitration-related issue proceeds under the parties’ joint stipulation.

What happened

In DeSousa v. GoBrands, Inc., the parties jointly asked the court to pause the case while an arbitrator considered whether some or all of the claims had to be arbitrated.

The court granted the joint request and stayed the case. It also required the parties to file joint status reports every 120 days and after certain events described in their agreement.

Judge Wright denied GoBrands’s motion to compel arbitration without prejudice and canceled the scheduled hearing. The court did not decide whether the claims must be arbitrated.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
DeSousa v. GoBrands, Inc. · No. 0:22-cv-01615
Judge
Elizabeth Cowan Wright
Date
Aug. 12, 2022

Background

The parties jointly stipulated to stay the case while arbitration proceeded. They represented that they had agreed to arbitrate whether the claims in the case were subject to mandatory arbitration. They asked the court to keep the case stayed until either an arbitrator determined that some or all claims should be tried in court or the arbitration was resolved.

Court’s analysis

The court explained that federal district courts have broad discretion to pause cases to manage their dockets, conserve judicial resources, and promote the fair and efficient resolution of cases. The court concluded that a stay was warranted because it would allow an arbitrator to address whether the claims belonged in court or arbitration, and because both parties jointly requested the stay. The stay also made GoBrands’s pending motion to compel arbitration moot.

Ruling

The court granted the parties’ joint stipulation to stay the action and stayed the case until it received notice from the parties under the terms of their stipulation. The parties must file a joint status report every 120 days and no later than 30 days after either of the specified events in the stipulation occurs. The court denied GoBrands’s motion to compel arbitration without prejudice and canceled the September 14, 2022 hearing on that motion. The order did not decide whether the claims were subject to mandatory arbitration.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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