Dukes v. The Check Cashing Store

Filing 12

ORDER granting in part and denying in part 8 Defendant The Check Cashing Store's Motion to Dismiss or Compel Arbitration without prejudice. The Motion is granted to the extent that the Court will stay this case and compel arbitration. Th e Motion is denied without prejudice as to all other relief requested. All proceedings in this case are STAYED until the parties advise the Court that arbitration has been completed and that the stay is due to be lifted or the case is due to be dismi ssed. The parties must notify the Court of such matters within seven (7) days of the arbitration proceedings concluding. The parties are DIRECTED to file a joint report regarding the status of arbitration on or before May 10, 2018, and every ninety (90) days thereafter until the conclusion of arbitration. The Clerk is DIRECTED to add a stay flag. If this matter fails to settle at arbitration, Defendant may move to strike Plaintiff's demand for jury trial within fourteen (14) days after the stay is lifted. Signed by Judge Sheri Polster Chappell on 2/9/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CINDY DUKES,
Plaintiff,
v.

Case No: 2:17-cv-697-FtM-38MRM

THE CHECK CASHING STORE,
Defendant.
/
ORDER1
This matter comes before the Court on Defendant The Check Cashing Store’s
Motion to Dismiss or Compel Arbitration (Doc. 11) filed on February 1, 2018.2 Plaintiff
Cindy Dukes filed a Notice of Non-Objection to Defendant’s Motion (Doc. 10) on February
7, 2018. The parties agree to staying this matter and compelling arbitration. After review
of the record and applicable law, the Court will compel arbitration, stay this case, and
deny without prejudice all other relief requested.
Accordingly, it is now
ORDERED:

1

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2 Pursuant to a previous Court order, the Court will consider the redacted version of the
arbitration agreement (Doc. 11-1) in its evaluation of the Motion.

1. Defendant The Check Cashing Store’s Motion to Dismiss or Compel Arbitration
(Doc. 8) is GRANTED in part and DENIED in part without prejudice. The
Motion is granted to the extent that the Court will stay this case and compel
arbitration.

The Motion is denied without prejudice as to all other relief

requested.
2. All proceedings in this case are STAYED until the parties advise the Court that
arbitration has been completed and that the stay is due to be lifted or the case
is due to be dismissed. The parties must notify the Court of such matters within
seven (7) days of the arbitration proceedings concluding.
3. The parties are DIRECTED to file a joint report regarding the status of
arbitration on or before May 10, 2018, and every ninety (90) days thereafter
until the conclusion of arbitration.
4. The Clerk is DIRECTED to add a stay flag.
5. If this matter fails to settle at arbitration, Defendant may move to strike Plaintiff’s
demand for jury trial within fourteen (14) days after the stay is lifted.
DONE and ORDERED in Fort Myers, Florida this 9th day of February, 2018.

Copies: All Parties of Record

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