Northern District of Georgia

Federal Court Refuses to Enforce Western Sky Arbitration Provision

Matthew L.M. Fletcher

Yet another decision captioned Parnell v. CashCall/Western Sky Financial (N.D. Ga.):

54-1 Motion to Compel Arbitration

63 Opposition

68 Reply

70 DCT Order

An excerpt:

Based on the foregoing reasons, the Court declines to enforce the delegation provision and the arbitration provision in the Parnell Loan Agreement. The arbitral forum is unavailable, and the provisions themselves are unconscionable. The Court therefore denies Defendant’s Motion to Compel.

 

Grand River Enterprises Six Nations v. National Distributors Complaint

Matthew L.M. Fletcher

Here, filed in the N.D. Ga.:

1 Complaint

Fourth Circuit Rejects Challenge to Western Sky Arbitration Provision

Matthew L.M. Fletcher

Here is the opinion in Parnell v. CashCall Inc.

Materials and briefs here.

Materials in Eleventh Circuit Appeal re: Class Action against Western Sky & Cashcall

Matthew L.M. Fletcher1 Comment

Here are the materials in Parnell v. Cashcall Inc.:

Cashcall Opening Brief

Parnell Response Brief

Cashcall Reply Brief

Lower court materials here:

18-1 Cashcall Motion re Forum Non Conveniens

19-1 Cashcall Motion to Compel Arbitration

21 Parnell Response to Motion to Compel

22 Parnell Response to Motion re Forum

23 Cashcall Reply re Forum

24 Cashcall Reply re Motion to Compel

25 DCT Order

30-1 Cashcall Motion for Stay Pending Appeal

36 DCT Order Staying Case Pending Appeal