Opinion
Case No. 18-12365
01-15-2019
KUMIKO MORIOKA, Plaintiff, v. NISSIN TRAVEL SERVICES (U.S.A.), INC., ET AL., Defendants.
U.S. MAGISTRATE JUDGE STEPHANIE DAWKINS DAVIS
ORDER ADOPTING REPORT AND RECOMMENDATION [12] AND DISMISSING COMPLAINT WITHOUT PREJUDICE
On July 3, 2018, Plaintiff Kumiko Morioka filed a complaint in Wayne County Circuit Court against her employer, Nissan Travel Services, and her boss, Ichiro Sugimoto. On July 30, 2018, Defendant removed that case to federal court pursuant to 28 U.S.C. § 1332. [Dkt. # 1]. Several days later, on August 6, 2018, Defendant brought a Motion to Compel Arbitration [2] pursuant to the Federal Arbitration Act, 9 U.S.C. § 2. That motion was fully briefed, and was referred to the Magistrate Judge.
On December 28, 2018, following a November 1, 2018 hearing, the Magistrate Judge issued a Report and Recommendation (R&R) [12] granting the Motion to Compel Arbitration and recommending that the case be dismissed without prejudice. The Magistrate Judge found that the arbitration clause in the employee handbook was a valid and enforceable waiver of Plaintiff's rights to a jury trial. Neither party objected to the R&R.
The Court having reviewed the record, the Report and Recommendation [12] is hereby ADOPTED and entered as the findings and conclusions of the Court. Accordingly,
IT IS ORDERED that the case is DISMISSED WITHOUT PREJUDICE.
SO ORDERED.
s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge Dated: January 15, 2019