LARSEN v. J.P. MORGAN CHASE BANK, 10-12936 (11th Cir. 7-26-2011)

THOMAS LARSEN, BRENT LOWE, JENNIFER PALACIOS, MARTIN PALACIOS, ANGELA WALSH-DUFFY, Plaintiffs-Appellees, v. J.P. MORGAN CHASE BANK, N.A., Defendant-Appellant VALERIE WILLIAMS

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MEGAN BISS, BILLY MARTIN RUIZ, DEBORAH RUIZ, JOHN KIRKLAND, JACQUELINE MILLER, Plaintiffs-Appellees, v. J.P. MORGAN CHASE BANK, N.A., Defendant-Appellant.

Nos. 10-12936, 10-12937.United States Court of Appeals, Eleventh Circuit.
Decided: August 26, 2011.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeals from the United States District Court for the Southern District of Florida D.C. Docket Nos. 1:09-md-02036-JLK, 1:09-cv-23127-JLK D.C. Docket Nos. 1:09-md-02036-JLK, 1:09-cv-23432-JLK.

Before EDMONDSON and MARCUS, Circuit Judges, and LAWSON,[*] District Judge.

[*] Honorable Hugh Lawson, United States District Judge for the Middle District of Georgia, sitting by designation.

PER CURIAM:

After the parties filed their appellate briefs in this case, the United States Supreme Court decided ATT Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). The district court’s order denying Appellant’s motion to stay the

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proceedings pending arbitration is VACATED, and this case is fully REMANDED to the district court. The District Court is to reconsider the case in the light of the Supreme Court’ Concepcion opinion. In the district court, discovery is to be limited to issues bearing significantly on the arbitrability of this dispute until the question of arbitrability has been decided.

VACATED and REMANDED.

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