Summary
dismissing with prejudice all arbitrable claims against one defendant while staying claims against the remaining defendant based on the reasoning in Alford
Summary of this case from Hanna v. Ivy Funding Co.Opinion
Civil Action No. 4:16-cv-00919-O-BP
04-07-2017
LISA DEOSARAN and RAYMOND GOODWIN, Plaintiffs, v. ACE CASH EXPRESS, INC., Defendant.
ORDER ACCEPTING FINDINGS , CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed, and the Magistrate Judge's recommendation is ripe for review. The District Judge reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Accordingly, it is ORDERED that the Defendant's Motion to Compel Arbitration and to Dismiss Action (ECF No. 20) is GRANTED as to Plaintiff Raymond Goodwin's claims and DENIED as to Plaintiff Lisa Deosaran's claims. It is ORDERED that Plaintiff Raymond Goodwin's claims are DISMISSED WITH PREJUDICE in favor of binding arbitration, and all further proceedings concerning Plaintiff Lisa Deosaran are STAYED pending the arbitration of Goodwin's claims. Plaintiffs' Motion for Leave to File a Second Amended Complaint (ECF No. 17) is DENIED as moot. The Clerk is directed to administratively close the case and the Plaintiff Lisa Deosaran and Defendant shall file a motion to reopen the case, if necessary, following the conclusion of the Goodwin arbitration.
SO ORDERED on this 7th day of April, 2017.
/s/ _________
Reed O'Connor
UNITED STATES DISTRICT JUDGE