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Time limits for answering a complaint are stayed pending a defendant's motion to compel arbitration and stay proceedings, according to a federal court in Missouri.
In Carlisle v. CitiMortgage, Inc., No. 4:06-CV-677 CAS, 2007 WL 2121064 (E.D. Mo. July 24, 2007), Carlisle brought an employment discrimination case against CitiMortgage. After the Court granted CitiMortgage's motion to compel arbitration and stay litigation of Carlisle's claims, Carlisle moved for an order of contempt against CitiMortgage for allegedly not answering Carlisle's complaint.
The Court found that CitiMortgage's time to answer Carlisle's complaint was effectively stayed by filing its motion to compel and stay proceedings. The Court noted that Carlisle had not opposed the request to stay proceedings until the motion was resolved, and therefore, an order of contempt for failing to file an answer was not warranted. The Court also observed that courts have regularly allowed defendants to file such motions instead of answering complaints.
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