ALONZO
v.
PRECISION INFINITI, INC.
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Plaintiff Echo J. Alonzo sued Defendant Precision Infiniti, Inc. for alleged violations of the Consumer Leasing Act regarding a vehicle lease entered in 2019. The defendant moved to compel arbitration based on an arbitration clause in the lease agreement, which the plaintiff did not oppose. The court granted the motion and stayed the litigation pending arbitration.
The Court granted the defendant's unopposed motion to compel arbitration and stay the action pending completion of arbitration of plaintiff's claims. The parties are compelled to arbitrate the dispute, and the case is stayed with all pending motions and deadlines terminated.
[1] A court adopts and approves a magistrate judge's report and recommendation when no timely objections are filed.
[2] A court may compel arbitration of claims when a motion to compel arbitration is properly filed and unopposed.
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Join FLexlaw to unlock all legal intelligencePlaintiff leased a vehicle from Defendant Precision Infiniti, Inc. in 2019 under a Lease Agreement containing an arbitration agreement. Plaintiff file…
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Based on the unopposed motion, the Parties agree that they entered into a Lease Agreement that contained an arbitration agreement. Further, the motion indicates that Plaintiff does not oppose this matter being compelled to arbitration and stayed. Doc. 11 at 6. Therefore, the Parties contend that this action should be stayed pending the completion of arbitration. Having considered the motion and being fully advised in its premises, the Court will grant the motion and stay the action. [fn 1]
Accordingly, it is hereby ORDERED:
1. Defendant's Agreed Amended Motion to Compel Arbitration and Request to Stay Action (Doc. 11) is GRANTED.
2. The parties are compelled to arbitrate Plaintiff Echo J. Alonzo's claims against Defendant Precision Infiniti, Inc.
3. This case is STAYED pending the arbitration of Plaintiff Echo J. Alonzo's claims against Defendant Precision Infiniti, Inc. The parties shall file a notice informing the Court that the arbitration has been concluded, or that their dispute has otherwise been resolved, within ten days of either of such events.
4. The Clerk is directed to terminate all pending motions and deadlines and administratively close this file.
DONE and ORDERED in Tampa, Florida on February 2, 2024.
Charlene Edwards Honeywell Charlene Edwards Honeywell United States District Judge
Copies furnished to: Counsel of Record
[fn 1]: See 9 U.S.C. § 3; Bender v. A.G. Edwards & Sons, 971 F. 2d 698, 699 (11th Cir. 1992) (“Upon finding that a claim is subject to an arbitration agreement, the court should order that the action be stayed pending arbitration."); Caley v. Gulfstream Aerospace Corp., 428 F. 3d 1359, 1368 (11th Cir. 2005) (“FAA's enforcement sections require a court to stay a proceeding where the issue in the proceeding is referable to arbitration") (internal quotations omitted).