Opinion
5:21-cv-05133
10-03-2022
DERRICK TALBOTT, Plaintiff, v. CREDIT ACCEPTANCE CORP., Defendant
ORDER
JOSEPH F. LEESON, JR., UNITED STATES DISTRICT JUDGE
AND NOW, this 3rd day of October, 2022, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT:
1. Defendant's Motion to Dismiss, ECF No. 11, is GRANTED in partto the extent it seeks to enforce the arbitration agreement, and DENIED in part to the extent it seeks dismissal of the Complaint.
2. Within forty-five (45) days of the date of this Order, Plaintiff SHALL submit his claims against Credit Acceptance to binding arbitration in accordance with the arbitration provisions outlined in the Agreement to Arbitrate in the Retail Installment Contract.
3. The above-captioned action is STAYED pending resolution of the arbitration proceedings.
4. Defendant shall submit a status report to the Court on the first day of the month, commencing on December 1, 2022, and every other month thereafter, to report on the status of the arbitration proceedings, including but not limited to the filing of a claim, the date scheduled for arbitration, and the outcome of any completed arbitration.
5. Within thirty (30) days of the completion of the arbitration proceeding, both parties are directed to notify the Court that the arbitration has concluded and that the stay in the above-captioned action may be lifted.
6. Plaintiff's Motion for Summary Judgment, ECF No. 13, is DENIED.