Opinion
Case No: 6:17-cv-1370-Orl-40DCI
09-05-2017
LORI CLAY, Plaintiff, v. EAST COAST WAFFLES, INC., Defendant.
REPORT AND RECOMMENDATION
This cause comes before the Court for consideration without oral argument on the following motion:
MOTION: UNOPPOSED MOTION TO COMPEL ARBITRATION, TO DISMISS OR STAY PROCEEDINGS, AND FOR AN EXTENSION OF TIME TO CONDUCT CASE MANAGEMENT CONFERENCE (Doc. 10)
FILED: August 25, 2017
THEREON it is RECOMMENDED that the motion be GRANTED in part.
On August 25, 2017, Defendant filed an Unopposed Motion to Compel Arbitration, to Dismiss or Stay Proceedings, and for an Extension of Time to Conduct Case Management Conference. Doc. 10. Because it was not clear what relief Defendant was requesting, the undersigned scheduled a hearing on Defendant's Motion. Doc. 11. At the hearing, which was held on August 31, 2017, Defendant asked the Court to enter an order compelling arbitration and dismissing this case without prejudice. Doc. 12. Plaintiff did not oppose Defendant's request.
Upon review, and given Plaintiff's lack of opposition, the undersigned finds that the parties' arbitration agreement is valid. See Jones v. Waffle House, Inc., No. 16-15574, 2017 WL 3381100 (11th Cir. Aug. 7, 2017) (approving of an arbitration agreement similar to the one in the instant case). Accordingly, it is respectfully RECOMMENDED that Defendant's Motion (Doc. 10) be GRANTED in part to the extent that the Court enter an order compelling arbitration, dismissing this case without prejudice, denying all pending motions as moot, and directing the Clerk to close the case.
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
Recommended in Orlando, Florida on September 5, 2017.
/s/_________
DANIEL C. IRICK
UNITED STATES MAGISTRATE JUDGE Copies furnished to: Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy