Beard v. Fortiva Financial, LLC et al
Filing
16
ORDER: The parties' Amended Joint Motion to Compel Arbitration and Stay Proceedings 14 is GRANTED. This case is STAYED until further order of the Court. The parties shall submit this dispute to arbitration in accordance with the partie s' arbitration agreement. Within thirty (30) days of the conclusion of arbitration, the parties shall notify the Court of the conclusion and the outcome of the arbitration. The Clerk is directed to administratively CLOSE this case and deny any pending motions as moot. Signed by Judge James S. Moody, Jr on 2/17/2016. (LN)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MELISSA BEARD,
Plaintiff,
v.
Case No: 5:15-cv-561-Oc-30PRL
FORTIVA FINANCIAL, LLC and
ATLANTIC HOLDINGS
CORPORATION,
Defendants.
________________________________/
ORDER
THIS CAUSE comes before the Court upon the parties’ Amended Joint Motion to
Compel Arbitration and Stay Proceedings (Doc. 14). It is well established that federal law
strongly favors the arbitration of disputes and requires that federal courts rigorously
enforce arbitration agreements. See U.S. Fid. & Guar. Co. v. W. Point Constr. Co., Inc.,
837 F.2d 1507, 1508 (11th Cir. 1988). “[A]rbitration is a matter of contract [and] the
[Federal Arbitration Act’s (“FAA”)] strong proarbitration policy only applies to disputes
that the parties have agreed to arbitrate.” Lawson v. Life of the S. Ins. Co., 648 F.3d 1166,
1170 (11th Cir. 2011) (internal quotation marks omitted).
Under the FAA, a written agreement to arbitrate is “valid, irrevocable, and
enforceable, save upon such grounds as exist at law or in equity for the revocation of any
contract.” 9 U.S.C. § 2. “Accordingly, the FAA requires a court to either stay or dismiss
a lawsuit and to compel arbitration upon a showing that (a) the plaintiff entered into a
written arbitration agreement that is enforceable ‘under ordinary state-law’ contract
principles and (b) the claims before the court fall within the scope of that agreement.
Lambert v. Austin Ind., 544 F.3d 1192 (11th Cir. 2008) (citing 9 U.S.C. §§ 2-4).
The parties have established the existence of an enforceable arbitration agreement
and that the present dispute falls within the scope of the arbitration agreement. (Doc. 14,
Ex. 1). Consequently, the parties’ motion to compel arbitration should be granted.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1.
The parties’ Amended Joint Motion to Compel Arbitration and Stay
Proceedings (Doc. 14) is GRANTED.
2.
This case is STAYED until further order of the Court.
3.
The parties shall submit this dispute to arbitration in accordance with the
parties’ arbitration agreement.
4.
Within thirty (30) days of the conclusion of arbitration, the parties shall
notify the Court of the conclusion and the outcome of the arbitration.
5.
The Clerk is directed to administratively close this case and deny any
pending motions as moot.
DONE and ORDERED in Tampa, Florida, this 17th day of February, 2016.
Copies furnished to:
Counsel/Parties of Record
2
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