Andrew Harrington v. Cracker Barrel Old Country Store, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 1 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREW HARRINGTON; KATIE Nos. 23-15650 24-1979

LIAMMAYTRY; JASON LENCHERT;

DYLAN BASCH, D.C. No. 2:21-cv-00940-DJH Plaintiffs - Appellees,

MEMORANDUM*

v.

CRACKER BARREL OLD COUNTRY

STORE, INC.,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted February 7, 2025 Phoenix, Arizona

Before: HAWKINS, CLIFTON, and BADE, Circuit Judges.

Cracker Barrel Old Country Store, Inc. (“Cracker Barrel”) appeals the denial

of its motion to compel arbitration of the claims brought by plaintiff Dylan Basch in

this action under the Fair Labor Standards Act. We have jurisdiction under 9 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. § 16(a). Reviewing de novo the denial of a motion to compel arbitration and the

underlying findings of fact for clear error,…