Tuck v. Wyle Cas Group Inc

Filing 14

ORDER REASSIGNING CASE. Case reassigned to Judge Judge L Scott Coogler for all further proceedings, ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 7 motion to compel arbitration, dismissing case w/out prejudice; either r pay may move to reopen to enforce an award resulting from the arbitral proceedings, costs taxed as paid. Signed by Judge L Scott Coogler on 10/7/2014. (KAM, )

FILED
2014 Oct-07 PM 03:23
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
WILLIE FRANK TUCK, JR.,
Plaintiff;
vs.
WYLE CAS GROUP, INC.,
Defendant.

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5:14-cv-1282-LSC

ORDER
This is a 42 U.S.C. § 1981 action filed by the plaintiff alleging that the
defendant-employer discriminated against him on the basis of his race. The Court has
before it the Motion to Compel Arbitration pursuant to the Federal Arbitration Act,
9 U.S.C. § 1 et seq., filed by the defendant. (Doc. 7.) The defendant requests that this
action be dismissed or, in the alternative, stayed pending arbitration. The plaintiff has
consented to the motion to compel arbitration. (Doc. 12.)
The magistrate judge filed a report and recommendation on September 16,
2014, recommending that the motion be granted and that this action be referred to
arbitration and stayed pending arbitration of the plaintiff’s claims. (Doc. 13.) The

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parties were allowed fourteen days to file written objections to the magistrate judge’s
report and recommendation. No objections were filed. The undersigned judge was
randomly selected to issue a ruling on the magistrate judge’s report and
recommendation.
After having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the Court is of the opinion that
the magistrate judge’s report is due to be and is hereby ADOPTED and the magistrate
judge’s recommendation that the Court grant the motion and refer this action to
arbitration is ACCEPTED. However, rather than stay this action pending arbitration,
this Court will dismiss the action with leave to reopen for the purpose of enforcing the
arbitration award, if necessary.
Accordingly, the unopposed motion to compel arbitration (doc. 7) is hereby
GRANTED. This action is hereby DISMISSED without prejudice. Either party may
move the Court to reopen this case in order to enforce any award resulting from the
arbitral proceedings, if necessary. Costs are taxed as paid.

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Done this 7th day of October 2014.

L. Scott Coogler
United States District Judge
[160704]

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