Evans v. Accent Manufactured Homes, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the party seeking to compel arbitration has the burden to halt discovery and seek the court’s protection from further discovery pursuant to Rule 26(c)(1
• noting that the party seeking to compel arbitration has the burden to halt discovery and seek the court's protection from further discovery pursuant to Rule 26(c)(1
• holding defendant’s continuation of discovery, rather than seeking arbitration in a timely manner, prejudiced plaintiff by forcing her to incur discovery costs that would not have been expended in arbitration
• finding waiver where arbitration was neither pleaded nor raised for first nineteenth months of litigation
• finding waiver where arbitration was neither pleaded nor raised for first nineteenth months of litigation
• finding a nineteen-month period in which the parties exchanged written interrogatories, requests for production, and the party requesting arbitration took two depositions demonstrated waiver

Source: CourtListener parenthetical corpus (CC0).