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Arbitration – Motion to Compel – Default Allegation – Recently-Filed Litigation (access required)

Shearline Boatworks, LLC v. Trost Even though it was plaintiff who initiated litigation, plaintiff did not unreasonably delay its request for arbitration, it did not unreasonably avail itself of trial-oriented activity, and arbitration would not prejudice defendant. The parties will be held to their agreement to arbitrate disputes arising under their contracts. Plaintiff’s motion to stay proceedings and to compel arbitration is granted.

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