Rocket Mortgage Asks Judge to Reconsider Denial of Motion to Compel Arbitration
Rocket Mortgage seeks reconsideration of the portion of U.S. District Judge Kay Behm’s Nov. 17 order denying its motion to compel plaintiff Michael Dahdah’s Telephone Consumer Protection Act claims to arbitration (see 2311200003), said Rocket’s motion Friday (docket 4:22-cv-11863) in…
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U.S. District Court for Eastern Michigan in Flint. There are two “clear grounds” to reconsider the denial of Rocket’s motion to compel, said a memorandum of law in support of the motion. First, the denial rests on a mistake about the factual record and certain applicable case law, it said. Second, the denial rests on an error of law under the Federal Arbitration Act and binding 6th Circuit precedent, it said. Under those authorities, the court was required to direct the parties to proceed to a limited trial to resolve any factual disputes on whether Dahdah agreed to arbitrate, it said. Each of these mistakes and errors was “outcome determinative,” it said. Correcting them demonstrates that the motion to compel “either should have been granted or, at the very least, its resolution deferred pending the outcome of the limited trial,” it said.