Opinion
1:23-cv-00147-HAB-SLC
01-22-2024
OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
HOLLY A. BRADY JUDGE UNITED STATES DISTRICT COURT
Plaintiff Louis Prince, who is African American, filed this case against his former employer, Defendant Fort Wayne Healthcare Group, LLC, doing business as Grey Stone Health & Rehabilitation Center (“Grey Stone”), on April 5, 2023, alleging that Grey Stone discriminated against him because of his race when it terminated his employment, in violation of 42 U.S.C. § 1981. (ECF No. 1). Along with its answer, Grey Stone moved to Dismiss or, in the Alternative, Stay the Proceedings and Compel Arbitration, along with supporting materials. (ECF No. 10, 10-1 to 10-6). Plaintiff did not file a response, leaving the motion unopposed.
On July 31, 2023, the undersigned referred the motion to Magistrate Judge Susan Collins, pursuant to 28 U.S.C. § 636(b) and Northern District of Indiana Local Rule 72-1, for a report and recommendation (R & R). (ECF No. 13). On December 28, 2023, the Magistrate Judge entered her R & R wherein she recommended that the Court grant the motion to dismiss and dismiss the case. The parties had fourteen days after being served with a copy of the R & R to file written objections with the Clerk of Court. No objections to the R & R have been filed.
The undersigned has reviewed the Magistrate Judge's R & R and the conclusions therein that the parties entered into a valid arbitration agreement that covers the claims in the present lawsuit. The Court finds this determination by the Magistrate Judge to be a thorough and legally sound recommendation. The R & R is APPROVED AND ADOPTED. (ECF No. 14).
In accordance with the recommendations in the R & R, the Grey Stone's Motion to Dismiss or Compel Arbitration (ECF No. 10) is GRANTED.
SO ORDERED