Summary
In Sellers v. Macy's Retail Holdings, Inc., No. 2:12-cv-02496-SHL-tmp, 2014 WL 2826119 (W.D. Tenn. June 23, 2014), for example, the plaintiff claimed that she did not recall signing an agreement to arbitrate.
Summary of this case from Hammond v. Floor & Decor Outlets of Am., Inc.Opinion
No. 2:12-cv-02496-SHL-tmp
06-23-2014
SHELBI L. SELLERS, Plaintiff, v. MACY'S RETAIL HOLDINGS, INC. a/k/a ESTEE LAUDER MACY'S DEPARTMENT STORE, Defendants.
ORDER ADOPTING THE REPORT AND RECOMMENDATION ON DEFENDANT'S
MOTION TO DISMISS
AND
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
Before the Court is the Magistrate Judge's Report and Recommendation on Defendant's Motion to Compel Arbitration and Dismiss (the "Report and Recommendation"), filed September 20, 2013. (ECF No. 15.) In the Report and Recommendation, the Magistrate Judge recommends that the parties be compelled to arbitrate this matter and the case be dismissed without prejudice. (Id. at 26.)
Pursuant to Federal Rule of Civil Procedure 72(b)(2), "[w]ithin 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2). No objections to the Report and Recommendation have been filed, and the time for filing objections has expired. See Fed. R. Civ. P. 5(b)(2), 6(d), 72(b)(2).
"When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72(b) advisory committee notes. On clear-error review of the Magistrate Judge's Report and Recommendation, the Court hereby ADOPTS the Report and Recommendation (ECF No. 23) in its entirety.
Accordingly, Defendant's Motion to Compel Arbitration and Dismiss (ECF No. 15) is GRANTED and Plaintiff's Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 23rd day of June, 2014.
__________
SHERYL H. LIPMAN
U.S. DISTRICT COURT JUDGE