Palm Beach Vacation Owners Association, Inc. v. Escapes!, Inc. et al

Filing 102

ORDER ADOPTING 96 REPORT AND RECOMMENDATIONS re 78 MOTION to Dismiss ; 81 MOTION to Dismiss; 75 MOTION to Dismiss as set out. All of Plaintiff Palm Beach Condominium Owners Association, Inc.'s remaining claims are referred to arbitration in accordance with the terms of the relevant arbitration agreement. This action is STAYED pending resolution of arbitration proceedings. The case is closed for statistical purposes and the parties are directed to file a joint status report no later than 1/18/13. Signed by Judge Kristi K. DuBose on 10/18/2012. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PALM BEACH VACATION OWNERS
ASSOCIATION, INC., et al.,
Plaintiffs,

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vs.
ESCAPES!, INC., et al.,
Defendants.

CIVIL ACTION NO. 12-00027-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and there having been no objections filed, the recommendation of the Magistrate
Judge made under 28 U.S.C. § 636(b)(1)(B) and dated September 17, 2012 (Doc. 96), as
clarified by the Magistrate Judge’s Order dated October 15, 2012 (Doc. 100), is ADOPTED as
the opinion of this Court. Accordingly, it is ORDERED that:
1. Plaintiff Palm Beach Condominium Owners Association, Inc.’s remaining claims
against Defendants Dan Lombard, Kent Burger, Neff Basore and Vacation Rentals,
Inc. are dismissed with prejudice;
2. Plaintiff Palm Beach Condominium Owners Association, Inc.’s claim against
Defendant Escapes! Property Management, LLC for breach of contract based on the
Escapes! Property Management, LLC/Palm Beach Vacation Owners Association,
Inc. agreement is dismissed with prejudice; and
3. all of Plaintiff Palm Beach Condominium Owners Association, Inc.’s remaining
claims are referred to arbitration in accordance with the terms of the relevant
arbitration agreement.
Accordingly, this action is STAYED in its entirety pending resolution of the arbitration

proceedings, 1 and the Clerk of this Court is DIRECTED to close this file for statistical
purposes. The parties are DIRECTED to file a second, joint Status Report in this case no later
than Friday, January 18, 2013.
DONE and ORDERED this the 18th day of October 2012.
/s/ Kristi K DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

1

All proceedings by Plaintiffs Palm Beach Vacation Owners Association, Inc., John Pope, and
Natalie Bobsin have previously been stayed pending arbitration. (Doc. 71 at 8).
2