Peter J. Ferrari v. D.R. Horton, Inc.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-11108
Non-Argument Calendar
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D.C. Docket No. 2:14-cv-01941-LSC
PETER J. FERRARI,
Plaintiff – Counter
Defendant – Appellant,
versus
D. R. HORTON, INC.,
Defendant – Counter
Claimant - Appellee.
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Appeal from the United States District Court
for the Northern District of Alabama
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(September 1, 2015)
Before TJOFLAT, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Case: 15-11108 Date Filed: 09/01/2015 Page: 1 of 2

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Before us is Peter Ferrari’s appeal of the District Court’s order of February
20, 2015, denying appellant’s motion to stay action and compel arbitration, and his
appeal of the District Court’s order of March 16, 2015, denying his motion for
reconsideration. The District Court denied Ferrari’s motion to stay action and for
arbitration on the ground that Ferrari had “waived his right to arbitration through
his conduct.” We agree and therefore affirm the February 20, 2015, order. The
District Court denied Ferrari’s motion for reconsideration because the two
arguments he presented in his motion—that D. R. Horton, Inc. had “failed to give
him a copy of the arbitration agreement when he was first hired” and refused to
provide him with a copy of the agreement despite his requests for copies of all . . .
employment agreements relating to this employment,” and that D. R. Horton, Inc.
“should be unable to argue that it was prejudiced by Ferrari pursuing litigation in
federal court when it could have moved to compel arbitration at any point during
either the state or federal proceeding”—were meritless. We agree for the reasons
the court stated in its March 16, 2015 order, and therefore affirm that order.
AFFIRMED.
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