FELTS v. CLK MANAGEMENT, INC.

Nos. 30,142, 29,702.

254 P.3d 124 (2011)

2011-NMCA-062

Andrea J. FELTS, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. CLK MANAGEMENT, INC. f/k/a Bat Services, Inc. and Cash Advance Network, Inc., Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, June 8, 2011, Nos. 33,011, 33,013.


Attorney(s) appearing for the Case

Feferman Warren & Treinen, P.A., Rob Treinen , Albuquerque, NM, Schaefer Law Firm, L.L.C., Richard J. Fuller , Douglas L. Micko , Minneapolis, MN, Public Justice, P.C., F. Paul Bland, Jr. , Amy Radon , Washington, D.C., for Appellee.

Fredericks Peebles & Morgan LLP, Conly J. Schulte , Joseph V. Messineo , Omaha, NE, Fredericks Peebles & Morgan LLP, Frances C. Bassett , Louisville, CO, for Appellant CLK Management, Inc. f/k/a Bat Services, Inc.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Jennifer G. Anderson , Emil J. Kiehne , Albuquerque, NM, Weir & Partners, LLP, Susan Verbonitz , Philadelphia, PA, for Appellant Cash Advance Network, Inc.

Gary K. King , Attorney General, Karen J. Myers , Assistant Attorney General, Santa Fe, NM, for Amicus Curiae.


OPINION

FRY, Judge.

{1} The opinion filed in this case on March 2, 2011, is hereby withdrawn, and the following opinion is filed in its place. The motions for rehearing filed by Defendants are denied.

{2} In this consolidated case, Defendants CLK Management, Inc.(CLK) and Cash Advance Network, Inc. (CANI) (collectively, Defendants) appeal the district court's denial of their respective motions to compel arbitration and to...

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