Johnson v. Carter, et al (MAG+)

Filing 21

ORDER: 1. Mr. Johnson, Jr.'s 20 Objections are OVERRULED. 2. The 19 Recommendation is ADOPTED. 3. Defendant's 9 Motion to Compel Arbitration is GRANTED. 4. Defendant's 9 Motion to Stay this action pending arbitration is GRANTED . See 9 U.S.C. § 3. Defendant shall file a report regarding the status ofthe arbitration proceedings on or before 6/1/2012, and every ninety daysthereafter, and immediately upon resolution of the arbitration proceedings.5. Defendants 9 Alternative Motion to Dismiss is DENIED. Signed by Chief Judge William Keith Watkins on 2/29/2012. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LEROY JOHNSON, JR., Plaintiff, v. TRUMAN CARTER and CAPTAIN D’s, Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:11-CV-493-WKW [WO] ORDER On February, 13, 2012, the Magistrate Judge filed a Recommendation in this case. (Doc. # 19.) Plaintiff Leroy Johnson, Jr. filed objections on February 27, 2012. (Doc. # 20.) Having independently reviewed the file in this case and conducted a de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b)(1), the court finds that the objections lack merit for the same reasons set forth in the magistrate judge’s recommendation and that the objections do not warrant further discussion. Accordingly, it is ORDERED as follows: 1. Mr. Johnson, Jr.’s objections (Doc. # 20) are OVERRULED. 2. The Recommendation (Doc. # 19) is ADOPTED. 3. Defendant’s motion to compel arbitration (Doc. # 9) is GRANTED. 4. Defendant’s motion to stay this action pending arbitration (Doc. # 9) is GRANTED. See 9 U.S.C. § 3. Defendant shall file a report regarding the status of the arbitration proceedings on or before June 1, 2012, and every ninety days thereafter, and immediately upon resolution of the arbitration proceedings. 5. Defendant’s alternative motion to dismiss (Doc. # 9) is DENIED. DONE this 29th day of February, 2012. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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