GABRIEL SALDARRIAGA
v.
CITIBANK, N.A., ET AL.

S.D. Fla. | 2025-12-10
No. 25-61757-CIV
2025 FFL 31253 District Court, S.D. Florida (2025)

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Synopsis

A magistrate judge recommended granting Citibank's motion to compel arbitration in a dispute with plaintiff Saldarriaga. The parties had agreed to arbitrate their claims, and the court recommended staying the litigation pending arbitration.


Holding

The magistrate judge recommended granting Citibank's Motion to Compel Arbitration and staying the proceedings during arbitration as to Citibank only, given the parties' agreement to arbitrate.


Headnotes

[1] A motion to compel arbitration should be granted when the parties have agreed to arbitrate the claims at issue.

[2] Proceedings should be stayed pending arbitration when the parties have agreed to arbitrate.

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Key Quotes

“Defendant Citibank, N.A., and Plaintiff Gabriel Saldarriaga have agreed to arbitrate the instant claims.”

Establishes the factual predicate—the parties' mutual agreement to arbitrate—upon which the recommendation to grant the motion rests.

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Facts & Procedural History

Plaintiff Gabriel Saldarriaga filed suit against Citibank, N.A. Citibank filed a Motion to Compel Arbitration. The parties subsequently agreed to arbi…

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Opinion of the Court

THIS CAUSE is before this Court on Defendant Citibank, N.A.'s Motion to Compel Arbitration, ECF No. 24. The Honorable William Dimitrouleas, United States District Judge, referred the Motion and all pre-trial discovery motions in this case to the undersigned United States Magistrate Judge. ECF Nos. 25; 29; see 28 U.S.C. § 636(b); S.D. Fla. Mag. R. 1. Defendant Citibank, N.A., and Plaintiff Gabriel Saldarriaga have agreed to arbitrate the instant claims. See ECF No. 32. For the reasons set forth above, the undersigned hereby RECOMMENDS that the Motion to Compel Arbitration, ECF No. 24, be GRANTED and that these proceedings be stayed during arbitration, as agreed to and as to Citibank, N.A. only.

Within fourteen (14) days after being served with a copy of this Report and Recommendation, any party may serve and file written objections to any of the above findings and recommendations as provided by the Local Rules for this district. 28 U.S.C. § 636(b)(1); S.D. Fla. Mag. R. 4(b). The parties are hereby notified that a failure to timely object waives the right to challenge on appeal the district court's order based on

unobjected-to factual and legal conclusions contained in this Report and Recommendation. 11th Cir. R. 3-1 (2016); see Thomas v. Arn, 474 U.S. 140 (1985).

2025.

DONE AND SUBMITTED at Fort Lauderdale, Florida, this 10th day of December

Pak mint PATRICK M. HUNT UNITED STATES MAGISTRATE JUDGE

Copies furnished to: The Honorable William Dimitrouleas Counsel of record


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