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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

Over the next several months, the Parties engaged in extensive discovery, including depositions and disputes requiring multiple conferences before the magistrate judge. At no point in their motion to dismiss did Defendants invoke their rights to compel arbitration. Then, defendants moved to compel arbitration on July 22, 2024.