Johnson v. East Bay Kia, Inc. et al
Filing
14
ORDER GRANTING 11 Motion to Stay Proceedings & to Compel Arbitration as set out. This action is STAYED pending further order of the court. Dfts East Bay Kia, Inc. & Fifth Third Bank are ORDERED to initiate arbitration proceedings & advise the cou rt of the status of arbitration proceedings at 90-day intervals, beginning 5/5/09. Dfts are also ORDERED to advise the court w/i 10 days of the termination or other completion of the arbitration proceedings. The clerk is directed to place this case on the administrative docket. Signed by Chief Judge Callie V. S. Granade on 2/4/09. (tot)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHARLIE L. JOHNSON, Plaintiff, vs. EAST BAY KIA, INC., SMART AUTOMOTIVE GROUP, LLC, and FIFTH THIRD BANK, Defendants. ) ) ) ) ) CIVIL ACTION NO. 08-0656-CG-B ) ) ) ) ) ) ORDER The Plaintiff having filed a consent to arbitration (Doc. 13), the motion for order to stay proceedings and compel arbitration (Doc. 11) is hereby GRANTED. It is ORDERED that all plaintiffs' claims against East Bay Kia, Inc., Smart Automotive Group, LLC, and Fifth Third Bank be submitted to arbitration pursuant to the terms contained in Fifth Third Bank's Binding Arbitration Agreement, and that this action is STAYED pending further order of the court. Defendants East Bay Kia, Inc. and Fifth Third Bank are ORDERED to initiate the arbitration proceedings, and are further ORDERED to advise the court of the status report of arbitration proceedings at 90-day intervals, beginning May 5, 2009. At the termination or other completion of the arbitration proceedings, the defendants are ORDERED to advise the court of that fact within ten days. The clerk of court is directed to place this case on the court's administrative docket. However, the court retains jurisdiction and the parties may request reinstatement at any time if they require the court's intervention.
DONE and ORDERED this 4th day of February, 2009.
/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE
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