Big City Small World Bakery Café, LLC v. Francis David Corp.

OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS OR COMPEL ARBITRATION

DAVID M. LAWSON, United States District Judge

The plaintiff alleges in a complaint and amended complaint on behalf of itself and others that defendant Francis David Corporation, which does business as Electronic Merchant Systems (EMS), overcharged it for processing credit card transactions. The plaintiff signed a credit card merchant agreement with EMS that contained an arbitration clause. Before the Court is EMS’s motion to dismiss or compel arbitration. Although the agreement contains a rate schedule governing the…