Best In Class Suppliers, LLC v. Incipio, LLC, No. 5:2019cv05046 - Document 31 (W.D. Ark. 2019)
Court Description: MEMORANDUM OPINION AND ORDER GRANTING 22 Motion to Compel and DISMISSING THE CASE WITHOUT PREJUDICE. Signed by Honorable Timothy L. Brooks on September 6, 2019. (lgd)
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Best In Class Suppliers, LLC v. Incipio, LLC Doc. 31 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION PLAINTIFF BEST IN CLASS SUPPLIERS, LLC V. CASE NO. 5:19-CV-05046 DEFENDANT INCIPIO, LLC MEMORANDUM OPINION AND ORDER Now pending beore the Court are Defendant lncipio, LLC's Second Motion to Compel Arbitration (Doc. 22) and Brief in Support (Doc. 23), Plaintif Best in Class Suppliers, LLC's Response in Opposition (Doc. 25), and lncipio, LLC's Reply (Doc. 28). On August 20, 2019, the Court held a hearing on the Motion, and the paties were aforded an opportunity to present oral argument. At the close of the hearing, the Court took the Motion under advisement. Now, having reviewed the parties' briefing and considered their arguments made during the hearing, the Motion (Doc. 22) is GRANTED or the reasons set oth below. I. BACKGROUND The parties to this lawsuit are Defendant lncipio, LLC, a California company that manufactures and sells cell phone accessories, and Plaintif Best in Class Suppliers, LLC ("BICS"), an Arkansas company that brokers sales between manufacturers and distributors of products and Walmart, Inc., Sam's Club, Walmart.com, and Samsclub.com. The facts relevant to the parties' dispute began on June 16, 2015, when BICS entered into a Non-Exclusive Sales Representative Agreement (Doc. 21-1, "Agreement") with lncipio Technologies, lnc.-a company the Defendant describes as its predecessor in 1 Dockets.Justia.com
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