Opinion
Civil Action No. 3:05-CV-1959-L.
August 22, 2007
ORDER
This is a breach of contract and wrongful foreclosure action brought under the Real Estate Settlement Procedures Act ("RESPA"), the Truth in Lending Act ("TILA"), the Fair Debt Collection Practices Act ("FDCPA"), the Texas Deceptive Trade Practices Act ("DTPA"), and the Texas Debt Collection Act ("TDCA"). Pursuant to an order of reference dated May 30, 2007, Defendant MHI Partnership, Ltd's Motion to Compel Arbitration and Stay Proceedings was referred to United States Magistrate Judge Wm. F. Sanderson, Jr., for findings and recommendation. The Findings, Conclusions and Recommendation of the United States Magistrate Judge were filed August 1, 2007. No objections have been filed.
The magistrate judge recommended that the court grant Defendant MHI's motion to compel arbitration, and further recommended that, as requested by Defendant, the claims against MHI should be stayed pending arbitration. Having reviewed the pleadings, file and record in this case, and the findings and conclusions of the magistrate judge, the court determines that they are correct and therefore accepts the findings, conclusions and recommendation of the magistrate judge. Accordingly, the court grants MHI's Motion to Compel Arbitration and Stay Proceedings. Plaintiff and Defendant MHI are hereby directed to arbitrate Plaintiff's claims against MHI in accordance with the Residential Earnest Money Contract. The court therefore stays Plaintiff's claims of breach of contract, wrongful foreclosure, TILA, DTPA, FDCPA, TDCA, RESPA, and injunctive relief against Defendant MHI. Plaintiff's claims against the other Defendants will proceed.
It is so ordered.