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WALKER v. RYAN'S FAMILY STEAK HOUSES, INC.

No. 03-6468

400 F.3d 370 (2005)

Erric WALKER, Steve Ricketts, and Vickie Atchley, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. RYAN'S FAMILY STEAK HOUSES, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 9, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael S. Pitts, Nexsen, Pruet, Jacobs & Pollard, Greenville, South Carolina, for Appellant. M. Reid Estes, Jr., Stewart, Estes & Donnell, Nashville, Tennessee, for Appellees. ON BRIEF: Michael S. Pitts, E. Grantland Burns, Nexsen, Pruet, Jacobs & Pollard, Greenville, South Carolina, William Alexander Blue, Jr., Constangy, Brooks & Smith, Nashville, Tennessee, for Appellant. M. Reid Estes, Jr., Tanya B. Spavins, Stewart, Estes & Donnell, Nashville, Tennessee, for Appellees.

Before: COLE and CLAY, Circuit Judges; HOOD, District Judge.

CLAY, Circuit Judge.

Defendant Ryan's Family Steak Houses, Inc. appeals the October 2, 2003 order of the district court, denying its motion to dismiss and petition to compel arbitration, pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 3 and 4, of Plaintiff Erric Walker's, Steve Ricketts', and Vickie Atchley's claims for violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201-219. For the reasons that follow, we

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