McCardell v. RAC Acceptance East, LLC

Filing 10

ORDER granting Joint Stipulation for Stay Pending Arbitration 9 . This matter is STAYED until further Court order. The Clerk is directed to add a stay flag to the docket. The parties are directed to jointly notify the court in writing upon the com pletion of the arbitration proceeding, no later than seven days after the arbitration proceeding is completed. Defendant RAC Acceptance East, LLC's Motion to Compel Arbitration and Stay Proceedings 6 is DENIED as moot. Signed by Judge Sheri Polster Chappell on 10/9/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KATHRYN MCCARDELL,
Plaintiff,
v.

Case No: 2:14-cv-542-FtM-38DNF

RAC ACCEPTANCE EAST, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on Joint Stipulation for Stay Pending
Arbitration (Doc. #9) filed on October 8, 2014. This matter is now ripe for review.
On September 29, 2014, Defendant RAC Acceptance East, LLC filed a motion to
compel arbitration and stay proceedings. (See Doc. #6). Then, the parties filed this instant
joint stipulation to stay the proceeding pending the completion of arbitration. The parties
indicate they will resolve this matter pursuant to the Mutual Agreement to Arbitrate
Claims, which covers all claims alleged in the complaint. (See generally Doc. #1).
Moreover, the Eleventh Circuit has instructed “[u]pon finding that a claim is subject to an
arbitration agreement, the court should order that the action be stayed pending
arbitration.” Bender v. A.G. Edwards & Sons, Inc., 971 F.2d 698, 699 (11th Cir. 1992)
(citing 9 U.S.C. § 3). Since the parties now agree that an arbitration agreement governs

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this matter, the Court finds a stay is warranted in this case. The Court also finds Defendant
RAC Acceptance East’s pending motion is due to be denied as moot.
Accordingly, it is now
ORDERED:
1. This matter is STAYED until further Court order.
2. The Clerk is directed to add a stay flag to the docket.
3. The parties are directed to jointly notify the court in writing upon the completion
of the arbitration proceeding, no later than seven days after the arbitration
proceeding is completed.
4. Defendant RAC Acceptance East, LLC’s Motion to Compel Arbitration and Stay
Proceedings (Doc. #6) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 9th day of October, 2014.

Copies: All Parties of Record

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