Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:21-cv-10154—Denise Page Hood, District Judge.
Argued: January 25, 2024
Decided and Filed: March 27, 2024
Before: GRIFFIN, BUSH, and LARSEN, Circuit Judges.
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OPINION
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LARSEN, Circuit Judge. Jason Schwebke sued his employer, United Wholesale
Mortgage (UWM), alleging disability discrimination under state and federal law. For seven
months, UWM participated in extensive discovery—producing tens of thousands of pages of
documents, taking and defending depositions, and issuing third-party subpoenas—without ever
mentioning arbitration. Then, with discovery nearly complete, UWM moved to compel
arbitration. The district court denied that motion because UWM implicitly waived its arbitration
right. We AFFIRM. |