Smith v. Davison Design & Development, Inc.
Filing
32
ORDER adopting 31 REPORT AND RECOMMENDATIONS re 11 Defendant Davison Design & Development, Inc.'s Motion to Dismiss and Compel Arbitration or, in the Alternative, to Transfer Venue. 11 Motion is granted in part and denied in part. Th e parties shall submit to arbitration as set forth in the agreements. This case is stayed pending the outcome of arbitration. The parties shall promptly notify the Court of the issuance of a final decision by the arbitrator, upon which either party may move to lift the stay. The Clerk shall administratively close this case. Signed by Judge Timothy J. Corrigan on 3/24/2014. (BJB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
MICHAEL D. SMITH,
Plaintiff,
v.
Case No: 3:13-cv-1194-J-32JBT
DAVISON DESIGN &
DEVELOPMENT, INC.,
Defendant.
ORDER
This case is before the Court on Defendant Davison Design & Development,
Inc.’s Motion to Dismiss and Compel Arbitration or, in the Alternative, to Transfer
Venue (Doc. 11), to which Plaintiff Michael D. Smith has filed a response (Doc. 17),
and Davison has filed a reply (Doc. 23). On February 28, 2014, the assigned United
States Magistrate Judge issued a Report and Recommendation (Doc. 31)
recommending that the motion be granted to the extent that Smith be compelled to
submit his claims to arbitration, but denied to the extent that the case not be
dismissed or transferred to the Western District of Pennsylvania, but rather stayed
pending arbitration.
No objections have been filed, and the time in which to do so has now passed.
See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); M.D. Fla. R. 6.02(a).
Upon
independent review of the file, and for the reasons stated in the Report and
Recommendation issued by the Magistrate Judge (Doc. 31), it is therefore hereby
ORDERED:
1.
The Report and Recommendation of the Magistrate Judge (Doc. 31) is
ADOPTED as the opinion of the Court.
2.
Defendant Davison Design & Development, Inc.’s Motion to Dismiss and
Compel Arbitration or, in the Alternative, to Transfer Venue (Doc. 11) is GRANTED
in part to the extent that the parties will be ordered to submit to arbitration, and
DENIED in part with respect to Davison’s requests to dismiss this case or
alternatively transfer it to the Western District of Pennsylvania.
3.
The parties shall submit to arbitration as set forth in paragraph III.C of
the Pre-Development and Representation Agreement and paragraph 6.A of the New
Product Sample Agreement.
4.
This case is STAYED pending the outcome of arbitration. The parties
shall promptly notify the Court of the issuance of a final decision by the arbitrator,
upon which either party may move to lift the stay.
5.
The Clerk shall administratively close the file.
DONE AND ORDERED at Jacksonville, Florida, this 24th day of March, 2014.
bjb
Copies to:
Honorable Joel B. Toomey
United States Magistrate Judge
Counsel of record
2
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