Wonderlic Agency, Inc. v. Acceleration Corp.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Wonderlic Agency, Inc. (“Wonderlic”) filed this diversity suit against Acceleration Corp. (“Acceleration”), alleging breach of an agency agreement. Acceleration has moved to dismiss the complaint under Fed. R.Civ.P. 12(b)(1) & 12(b)(6), arguing that the parties’ agreement requires arbitration of disputes arising out of it.

Since the parties have submitted several material papers outside of the pleadings, we will treat Acceleration’s motion to dismiss as one for summary judgment. See Fed.R.Civ.P. 12(b). For the reasons discussed below, the Court…