Filed: Jul. 07, 2016
Latest Update: Jul. 07, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation filed on June 9, 2016. ( Doc. #57 ). After conducting an evidentiary hearing on the matter, Judge Mirando recommends granting Defendant's Motion to Compel Arbitration and Supporting Memorandum of Law ( Doc. #19 ). Defendant's filed a Notice of Non-Objection to Report and Recommendation ( Doc. #59 ). The plaintiffs do not object to
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation filed on June 9, 2016. ( Doc. #57 ). After conducting an evidentiary hearing on the matter, Judge Mirando recommends granting Defendant's Motion to Compel Arbitration and Supporting Memorandum of Law ( Doc. #19 ). Defendant's filed a Notice of Non-Objection to Report and Recommendation ( Doc. #59 ). The plaintiffs do not object to ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on United States Magistrate Judge Carol Mirando's Report and Recommendation filed on June 9, 2016. (Doc. #57). After conducting an evidentiary hearing on the matter, Judge Mirando recommends granting Defendant's Motion to Compel Arbitration and Supporting Memorandum of Law (Doc. #19). Defendant's filed a Notice of Non-Objection to Report and Recommendation (Doc. #59). The plaintiffs do not object to the Report and Recommendation, and the time to do so has expired. Thus, the Report and Recommendation is ripe for review.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify the magistrate judge's report and recommendation. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject, or modify, in whole or in part, the findings and recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After examining the file carefully and independently, and upon considering Judge Mirando's findings and recommendations, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #57) is ACCEPTED AND ADOPTED and the findings incorporated herein.
2. Defendant's Motion to Compel Arbitration and Supporting Memorandum of Law (Doc. #19) is GRANTED.
3. Plaintiff Corey Desimoni and opt-in Plaintiff Luis Rodriguez shall proceed to arbitration. All claims by Plaintiff Corey Desimoni and opt-in Plaintiff Luis Rodriguez in this action are STAYED pending completion of arbitration.
4. The parties are directed to: (a) file a written status report (90 days from the date of this order) and every ninety (90) days thereafter advising the court as to the status of arbitration; and (b) jointly notify the Court in writing within seven (7) days of the conclusion of the arbitration proceedings.
DONE and ORDERED.
