By Memorandum Order entered by The Honorable Leonard P. Stark in The Gillette Co. v. Dollar Shave Club, Inc. et al., Civil Action No. 15-1158-LPS-CJB (D.Del. August 7, 2017), the Court overruled the parties’ objections to the Memorandum Order issued on March 7, 2017 by Magistrate Judge Burke denying defendants’ motion to stay the action pending arbitration and adopted Judge Burke’s Order. Specifically, the Court overruled defendants’ objections to Judge Burke’s determinations that the Court, and not the Arbitral Tribunal, should decide the threshold issue of arbitrability and that there is a genuine issue of material fact as to whether a valid arbitration agreement exists. Id.at *1-5. The Court also overruled plaintiff’s objection to Judge Burke’s determination that, assuming there is a valid arbitration agreement, the current disputes fall within the scope of the arbitration agreement. Id.at *5-8. Lastly, the Court denied plaintiff’s motion to enjoin arbitration finding that plaintiff had failed to meet its burden to show that it was likely to succeed on the merits, that it would be irreparably harmed from the ongoing arbitration, or that the balance of harms or the public interest favored enjoining the arbitration. Id.at *8-10.
A copy of the Reacted Public Version of Memorandum Order is attached.