Mena v. Citibank, N.A., 2:19-cv-647-FtM-38MRM. (2020)
Court: District Court, M.D. Florida
Number: infdco20200303a95
Visitors: 12
Filed: Mar. 02, 2020
Latest Update: Mar. 02, 2020
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation ("R&R"). (Doc. 27). Judge McCoy recommends granting the motion to compel arbitration and staying the case. Neither party objected, and the matter is ripe. A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1); see also Williams v. Wainwright, 681
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation ("R&R"). (Doc. 27). Judge McCoy recommends granting the motion to compel arbitration and staying the case. Neither party objected, and the matter is ripe. A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1); see also Williams v. Wainwright, 681 ..
More
ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is United States Magistrate Judge Mac R. McCoy's Report and Recommendation ("R&R"). (Doc. 27). Judge McCoy recommends granting the motion to compel arbitration and staying the case. Neither party objected, and the matter is ripe.
A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732, 732 (11th Cir. 1982). Without a specific objection, the judge need not review factual findings de novo. 28 U.S.C. § 636(b)(1); see also Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). But the district court reviews legal conclusions de novo, even without an objection. Cooper-Houston v. S. Ry., 37 F.3d 603, 604 (11th Cir. 1994).
After a careful, complete, and independent examination of the file, the Court accepts and adopts Judge McCoy's R&R in full.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 27) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. Defendant's Motion to Compel Arbitration (Doc. 20) is GRANTED.
3. The parties are DIRECTED to arbitrate this case promptly.
4. This case is STAYED until the parties advise the Court that (1) arbitration has been completed and (2) the stay should be lifted or the case should be dismissed. The parties are DIRECTED to notify the Court of such matters within seven (7) days of the arbitration concluding.
5. The parties are DIRECTED to file a joint report on the status of arbitration on or before May 30, 2020, and every ninety (90) days after that date until arbitration concludes.
6. The Clerk is DIRECTED to add a stay flag on the docket.
DONE and ORDERED.
FootNotes
1. Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink's availability and functionality, and a failed hyperlink does not affect this Order.
Source: Leagle
