Opinion
22-62018-CIV-DIMITROULEAS
02-27-2023
KEITH A. CLAYBORNE, Plaintiff, v. GOLDEN KRUST FRANCHISING, INC., Doing business as Golden Krust Caribbean Bakery & Grill, Defendant.
ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION
WLLIAM P. DIMITROULEAS, UNITED STATES DISTRICT JUDGE
THIS CAUSE is before the Court upon Defendant Golden Krust Franchising Inc.'s Motion to Dismiss on the grounds asserted are all subject to arbitration [DE 12] (the “Motion”) and the February 10, 2023 Report and Recommendation of United States Magistrate Judge Panayottta Augustin-Birch (the “Report”) [DE 24]. The Court notes that no objections to the Report [DE 24] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 24] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 24] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 24] is hereby ADOPTED and APPROVED;
2. The Motion [DE 12] is hereby GRANTED IN PART AND DENIED AS PART as follows:
a. The parties are hereby COMPELLED to arbitrate the claims Plaintiff pled in the Complaint;
b. This action is hereby STAYED pending arbitration;
c. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case and DENY AS MOOT any pending motions.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 27th day of February, 2023.