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Contracts Keyed to Dawson
Joca-Roca Real Estate, LLC v. Brennan
Citation:
772 F.3d 945.Facts
Defendant agreed to sell its property in South Lebanon, Maine to Plaintiff. On September 18, 2005, plaintiff and defendant entered into an asset purchase agreement. The agreement contained a provision requiring the parties to submit any disputes arising out of the contract to arbitration. On March 4, 2013, plaintiff filed suit against defendant in federal district court because it believed defendant had misled it regarding certain attributes to the property. The defendant answered the suit raising plaintiff’s failure to arbitrate as a defense, but never pressed the issue further. The magistrate judge issued a scheduling order with a discovery deadline for August 2013, however the deadline was pushed back by mutual agreement of the parties to December 16, 2013. On December 6, 2013 the plaintiff moved to stay proceedings pending arbitration.
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