Opinion
21-22531-CIV-WILLIAMS
10-27-2021
165th STREET, LLC, Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, et al., Defendants.
ORDER
KATHLEEN M. WILLIAMS, UNITED STATES DISTRICT JUDGE
THIS MATTER is before the Court on Magistrate Judge John J. O'Sullivan's Report and Recommendation (the “Report”) (DE 19) on Defendants' Motion to Compel Arbitration and to Dismiss Plaintiff's Complaint (DE 4). In the Report, Judge O'Sullivan explains that because the Parties have agreed to attend arbitration, Defendants' Motion to Compel Arbitration should be DENIED AS MOOT. (DE 19 at 2). Judge O'Sullivan further explains that in their Motion to Dismiss, Defendants seek dismissal of the Complaint pending arbitration, and alternatively, suggest a stay of the litigation during arbitration. (Id. at 3). Judge O'Sullivan recommends that the Court GRANT IN PART Defendants' Motion to Dismiss by staying the case pending completion of arbitration. (Id.) The Parties did not file objections to the Report and the time to do has now passed.
Accordingly, upon an independent review of the Report, Defendants' Motion, and the Record, it is ORDERED AND ADJUDGED as follows:
1. The conclusions in the Report (DE 19) are AFFIRMED AND ADOPTED.
2. Defendants' Motion to Compel Arbitration (DE 4) is DENIED AS MOOT. Defendants' Motion to Dismiss (DE 4) is GRANTED IN PART.
3. The Parties are COMPELLED to arbitration.
4. This action is STAYED pending the completion of arbitration.
5. The Parties shall file a joint status report within thirty (30) days of completing arbitration.
DONE AND ORDERED.