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Crispin Porter & Bogusky LLC v. Watson

Section Outside Arbitration Provision Has No Bearing on Parties' Agreement to Arbitrate

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OPINION & ORDER Petitioners Crispin Porter & Bogusky LLC (“CP+B”), MDC Partners, Inc. (“MDC”), Mitchell Gendel, and Dusty Nelson (collectively, “Petitioners”) initiated this miscellaneous action to compel Respondent Ralph M. Watson (“Respondent”) to arbitrate claims alleged in a lawsuit filed in the United States District Court for the District of Colorado (“Colorado Action”). Before me is Petitioners’ motion to compel arbitration and to dismiss, or, in the alternative, to stay the Colorado Action. For the reasons discussed below, Petitioners’ motion is GRANTED IN PART and DENIED IN PART. Because Respondent’s claims fall within the scope of a valid agreement to arbitrate, Petitioners’ motion to compel arbitration is GRANTED. Because I do not have the authority to dismiss or stay the Colorado Action, Petitioners’ motion to dismiss or stay that action is DENIED without prejudice. I. Background Petitioner CP+B is an advertising agency and a wholly owned subsidiary of Petitioner MDC, (Colo. Compl.

4-5);¹ Petitioner Gendel is general counsel of MDC, (id. 6); and Petitioner Nelson is the global CFO of CP+B, (id. 7). Respondent was hired by Petitioner CP+B as its Boulder Chief Creative Officer in approximately April 2014. (Id. 9.) CP+B extended an offer of employment to Respondent on March 24, 2014. (Resp’t Decl. 7; see also id. Ex. 1.)² Shortly thereafter, CP+B sent Respondent an employment agreement, setting forth the terms and conditions of Respondent’s employment (“Employment Agreement” or “Agreement”). (See generally Emp’t Agr’t.)³ Respondent signed and returned the Employment Agreement to CP+B. (Resp’t Decl.

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