Dalie

ORDER

Plaintiffs are alleged to be homebuyers who have brought suit against defendants on the basis of the latter’s purportedly unlawful compensation arrangement. On April 28, 2009, the court granted defendant’s motion to strike the class allegations from the complaint, holding that the class action waiver contained in the plaintiffs’ valid arbitration agreements was enforceable and barred the plaintiffs from proceeding as a class. It is this order that plaintiffs request the court to certify for interlocutory appeal.

I. BACKGROUND

The court described the plaintiffs’ allegations in detail in its October 9, 2008 order. Briefly stated, plaintiffs allege that defendant Marquette Title Insurance was the “captive” reinsurer of the remaining defendants, a feature of which was an allegedly improper, undisclosed fee-splitting arrangement between them.

Shortly after the case’s removal to this court, defendants moved to dismiss or stay the case pending arbitration. The court reviewed the arbitration agreements and concluded that they are enforceable. Nevertheless, because the case was pled as a class action, arbitration could not be ordered immediately. Instead, following California…