Rocket Mortgage Wants Court to Resolve Motion to Compel TCPA Case to Arbitration
The U.S. District Court for Eastern Michigan in Detroit should deny plaintiff Michael Dahdah’s motion for leave to amend his dismissed Telephone Consumer Protection Act complaint against Rocket Mortgage as “premature,” pending the court’s resolution of Rocket’s motion to compel…
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Dahdah’s claims to arbitration (see 2309150060), said Rocket’s opposition Monday (docket 4:22-cv-11863). Because motions to compel arbitration “raise threshold questions about whether the court is the proper forum to resolve the dispute, the resolution of such motions must precede the resolution of motions to dismiss raising merits issues,” said Rocket. The court should vacate its dismissal order and take up the motion to compel arbitration “before reaching the Rule 12(b)(6) issues,” it said. If the court were to deny the motion to compel, “it would be appropriate to take up the Rule 12(b)(6) issues at that time, including by reinstating the dismissal order and by considering whether to grant leave to amend,” said Rocket.