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EHLEN FLOOR COVERING, INC. v. LAMB

No. 10-13968.

660 F.3d 1283 (2011)

EHLEN FLOOR COVERING, INC., a Florida corporation, Edward Ehlen, an individual, Thomas Ehlen, an individual, Francis Ehlen, an individual, Ehlen Floor Coverings Retirement Plan, Plaintiffs-Counter Defendants Appellees, Dolores Ehlen, Plaintiff-Counter Defendant, v. Jeffrey LAMB, individually, et al., Defendants, Innovative Pension Strategies, Inc., a California corporation, Defendant-Counter Claimant Appellant.

United States Court of Appeals, Eleventh Circuit.

October 18, 2011.

Attorney(s) appearing for the Case

Jason H. Baruch , Richard M. Hanchett , Dean Adrian Kent , Roberta Watson , Trenam Kemker , Tampa, FL, for Plaintiffs-Appellees.

John Eamon Johnson , Michael Paul Silver , Janelle Alicia Weber , Shutts & Bowen, LLP, Tampa, FL, for Defendant-Appellant.

Walter D. Willson , Joshua P. Henry , Kenna L. Mansfield, Jr. , Wells, Marble & Hurst, PLLC, Ridgeland, MS, for Pacific Life Insurance Company, Amicus Curiae.

Traci T. McKee , Henderson Franklin , Fort Myers, FL, for Independent Advisors of Florida, Inc.

Peter B. King , Dominique E. Heller , Wiand, Guerra, King, PL, Tampa, FL, for The Graduate Group, Inc.

Before MARCUS, WILSON and HILL, Circuit Judges.

WILSON, Circuit Judge:

Innovative Pension Strategies, Inc. ("IPS") appeals the district court's denial of its motion to compel arbitration and stay plaintiffs' claims against it. Plaintiffs cross-appeal, disputing the preemption of their claims under the Employment Retirement Income Security Act ("ERISA") and alleging a lack of federal jurisdiction. We find that jurisdiction is proper and affirm the district court's denial of IPS's motion to compel arbitration.

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