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P and Brennan (D), entered into an asset purchase agreement. The Agreement contained a broad provision requiring submission of all disputes 'concerning the validity, interpretation and enforcement' of the Agreement to an arbitrator for final and binding resolution. P sued D asserting claims for fraud and breach of contract arising out of the Agreement. P commenced this civil action without making the slightest effort to pursue arbitration. D answered the complaint raising as an affirmative defense. A magistrate judge promptly entered a scheduling order closing discovery in August of 2013 and setting the case for trial in January of 2014. The parties began discovery and, at their joint behest, the magistrate judge granted several extensions of the discovery deadline. The trial date was moved back to February 3, 2014, and the parties were directed to notify the court of their intent to file summary judgment motions by December 23, 2013. The parties conducted sixteen depositions, propounded and answered interrogatories, and produced and exchanged thousands of pages of documents. The magistrate judge held at least four telephone conferences to resolve discovery disputes and scheduling conflicts. On December 6, 2013, P moved to stay proceedings pending arbitration. The magistrate judge held that P had waived its arbitral rights. P appealed.

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