Hargraft Schofield LP v. Fluke
Employment Arbitration: Undue Delay Dismisses Stay Motion
Summary
This is a procedural ruling concerning a motion to stay proceedings in favor of arbitration in an employment dispute. The court determined that the arbitration clause in the first employment agreement did not apply to disputes arising under subsequent agreements and that the defendant's motion was brought with undue delay. Consequently, the motion to stay was dismissed, and the plaintiff was awarded costs.
Outcome
Motion to stay proceedings dismissed due to undue delay; plaintiff awarded costs
Award
$12,000 in costs on a partial indemnity basis
Key Factors
- arbitration clause
- employment agreements
- undue delay
- stay of proceedings
- costs
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