222835P.pdf   10/16/2023  Breadeaux's Pisa, LLC  v.  Beckman Bros. Ltd.
   U.S. Court of Appeals Case No:  22-2835
   U.S. District Court for the Western District of Missouri - St. Joseph   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Melloy, 
   Circuit Judge] 
   Civil case - Arbitration. Plaintiff sought a preliminary injunction to 
   prohibit defendant from operating its pizza business; after the district 
   court denied the request for a preliminary injunction, and after plaintiff 
   had engaged in mediation and discovery proceedings, plaintiff sought to 
   enforce the arbitration provision in the parties' franchise agreement; the 
   demand for arbitration sought to relitigate the preliminary injunction 
   proceedings and the district court's adverse discovery rulings; the 
   district court denied plaintiff's request to stay all proceedings pending 
   the completion of the arbitration, and plaintiff filed this interlocutory 
   appeal. Held: plaintiff waived its contractual right to arbitrate by 
   substantially invoking the litigation machinery rather than promptly 
   seeking arbitration; the district court did not err in resolving the 
   discovery disputes or in denying the motion for a stay of proceedings.