Memorandum Opinion and Order

Pending are plaintiff Eastern Associated Coal Corporation's petition to compel arbitration [Docket 3] and defendant Shelby Skaggs's motion to dismiss [Docket 8] and motion to file a joint memorandum [Docket 6]. For the following reasons, the court DENIES the plaintiff's petition to compel arbitration and GRANTS Mr. Skaggs's motion to dismiss. The court also DISMISSES as moot Mr. Skaggs's motion to file a joint memorandum.