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H. F. Salsbery v. Verizon Wireless (VAW), LLC, et al.

Case Number: 
2:13-cv-26419

Memorandum Opinion and Order

Pending before the court is Cellco Partnership d/b/a Verizon Wireless’s (“Verizon”) Motion to Dismiss and to Compel Arbitration [Docket 8], Motion to Suspend Deadlines Pending Resolution of its Motion to Compel [Docket 19], and Motion for a Protective Order to Stay Discovery [Docket 28]. The decisive issue before me is whether the parties’ arbitration agreement, if entered into by the parties, applies to the plaintiff’s claim that Verizon’s debt collection methods were unlawful. I conclude that the arbitration agreement is narrow in scope and does not encompass the plaintiff’s claim. Therefore, the plaintiff cannot be compelled to arbitrate. For these reasons, Verizon’s motion to dismiss and compel arbitration [Docket 8] is DENIED. Verizon’s motions to suspend deadlines [Docket 19] and for a protective order to stay discovery [Docket 28] are DENIED as moot.

Date: 
Thursday, August 7, 2014