The U.S. Court of Appeals for the Eleventh Circuit has tossed a former pizza store manager's discrimination lawsuit, instead ordering up arbitration.

In a 29-page opinion, Judge Gerald Tjoflat said the parties were “litigating about whether or not they should be litigating,” and that dismissing the case “will not result in a miscarriage of justice.”

Tjoflat upheld Senior District Judge Sharon Blackburn of the Northern District of Alabama in dismissing the lawsuit filed by Ryan Burch against his former employer, Papa John's franchisee P.J. Cheese Inc., and compelling the parties to submit the dispute to arbitration.