Smith v. Experian Information Solutions, Inc.

Background

Andrew Frederick Smith sued Experian Information Solutions, Inc., Trans Union, LLC, and Verizon Communications Inc. Experian filed a motion asking the court to compel arbitration under the Federal Arbitration Act and to stay the court action until arbitration was completed. The motion was filed through Experian's counsel.

Issue and standard

The court explained that, when deciding a motion to compel arbitration, it applies a standard similar to the standard used for summary judgment. The court must examine the allegations relevant to whether the parties formed a valid arbitration agreement and determine whether they create a genuine dispute of material fact. When arbitrability—the question whether a dispute must be decided in arbitration—is not disputed, the court may decide the legal issue without further court proceedings.

Ruling

The court stated that Experian's motion to compel arbitration was not contested and therefore found no genuine factual issues essential to deciding whether an arbitration provision applied. Judge Vernon S. Broderick granted the motion to compel arbitration and respectfully requested that the Clerk of Court close the open motion at docket entry 30. The opinion does not separately state whether the requested stay was granted.

Disposition

Motion to compel arbitration: granted.