Carter v. Hollywood Chrysler Plymouth, Inc., 19-cv-21743-BLOOM/Louis. (2019)
Court: District Court, N.D. Florida
Number: infdco20190613b69
Visitors: 7
Filed: Jun. 11, 2019
Latest Update: Jun. 11, 2019
Summary: ORDER ON MOTION TO COMPEL ARBITRATION BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendant's Motion to Compel Arbitration and to Dismiss Plaintiff's Complaint, ECF No. [5] (the "Motion"). In the Complaint, Plaintiff asserts a single claim for violation of the Fair Credit Reporting Act against Defendant. See ECF No. [1]. According to the Motion, Plaintiff voluntarily agreed to submit any and all disputes arising out of or relating to Plaintiff's purchase of a vehic
Summary: ORDER ON MOTION TO COMPEL ARBITRATION BETH BLOOM , District Judge . THIS CAUSE is before the Court upon Defendant's Motion to Compel Arbitration and to Dismiss Plaintiff's Complaint, ECF No. [5] (the "Motion"). In the Complaint, Plaintiff asserts a single claim for violation of the Fair Credit Reporting Act against Defendant. See ECF No. [1]. According to the Motion, Plaintiff voluntarily agreed to submit any and all disputes arising out of or relating to Plaintiff's purchase of a vehicl..
More
ORDER ON MOTION TO COMPEL ARBITRATION
BETH BLOOM, District Judge.
THIS CAUSE is before the Court upon Defendant's Motion to Compel Arbitration and to Dismiss Plaintiff's Complaint, ECF No. [5] (the "Motion"). In the Complaint, Plaintiff asserts a single claim for violation of the Fair Credit Reporting Act against Defendant. See ECF No. [1]. According to the Motion, Plaintiff voluntarily agreed to submit any and all disputes arising out of or relating to Plaintiff's purchase of a vehicle from Defendant to arbitration. See ECF No. [5] at 4-5. On June 11, 2019, Plaintiff filed a Notice of Non-Opposition to the Motion, to the extent it seeks that this action be stayed pending arbitration. See ECF No. [7].
As Plaintiff does not dispute that the case must be sent to arbitration, the only question before the Court is whether to dismiss the case or stay the case pending arbitration. Where the Court compels arbitration of all of the claims involved, the Court sees no benefit to a stay, as opposed to dismissal. See Perera v. H&R Block Eastern Enterps., Inc., 914 F.Supp.2d 1284, 1290 (S.D. Fla. 2012) ("The weight of authority clearly supports dismissal of the case when all of the issues raised in the district court must be submitted to arbitration.") (citations and quotations omitted). As such, the proper action is for the Court to dismiss this case.
For the foregoing reasons, it is ORDERED AND ADJUDGED as follows:
1. Defendant's Motion, ECF No. [5], is GRANTED.
2. The Parties shall submit the claim asserted in the Complaint to arbitration.
3. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED.
Source: Leagle
