Silvers et al v. Verbata, Inc. et al

Filing 96

ORDER overruling 94 Plaintiffs' Objection to Report and Recommendation; adopting 88 Report and Recommendation; granting (except as to Count Eight) 51 Defendants' Motion and Petition to Compel Contractual Arbitration and to Stay Proceedings. This case is stayed and administratively closed. Status report due August 27, 2018, and every 120 days thereafter. Signed by Judge Marcia Morales Howard on 4/27/2018. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

WILLIAM SILVERS, et al.,
Plaintiffs,
v.

Case No. 5:17-cv-169-Oc-34PRL

VERBATA, INC., d/b/a Acme Archives,
et al.,
Defendants.

ORDER
THIS CAUSE is before the Court on Magistrate Judge Philip R. Lammens’ Report
and Recommendation (Doc. 88; Report), entered on March 22, 2018. In the Report,
Judge Lammens recommends that Defendants’ Motion and Petition to Compel Contractual
Arbitration [9 USC §§ 3, 4] and to Stay the Proceedings (Doc. 51; Motion) be granted
except as to Count Eight and that the proceedings be stayed pending arbitration. See
Report at 1, 9. On April 3, 2018, Plaintiffs filed an objection to the Report. See Plaintiffs’
Objection to Report and Recommendation Granting Defendants’ Motion to Compel
Arbitration (Doc. 94; Objection). Defendants filed a response on April 13, 2018. See
Defendants Verbata, Inc., d/b/a Acme Archives, et al.’s Response in Opposition to
Plaintiffs’ Objections to Report and Recommendation of Magistrate Judge (Doc. 95;
Response). Accordingly, this matter is ripe for review.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de

novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir.
1993); see also 28 U.S.C. § 636(b)(1). However, the district court must review legal
conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th
Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1
(M.D. Fla. May 14, 2007).
The Court’s review of the Report, Objection,1 Response, and relevant authorities
reveals no error in the Magistrate Judge’s factual determinations or his analysis. Thus,
upon review of the file and for the reasons stated in the Report, the Court will overrule the
Objection and accept and adopt the legal and factual conclusions recommended by the
Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

Plaintiffs’ Objection to Report and Recommendation Granting Defendants’

Motion to Compel Arbitration (Doc. 94) is OVERRULED.
2.

The Report and Recommendation (Doc. 88) of Magistrate Judge Lammens

is ADOPTED as the opinion of the Court.
3.

Defendants’ Motion and Petition to Compel Contractual Arbitration [9 USC

§§ 3, 4] and to Stay the Proceedings (Doc. 51) is GRANTED except as to Count Eight.
4.

The parties are directed to submit all covered claims to arbitration in

accordance with the 2008 Publishing Agreement.

1

In the Objection, Plaintiffs reiterate the arguments made before the Magistrate Judge and express their
disagreement with his findings. Having reviewed these arguments, the Court finds the Magistrate Judge’s
factual determinations to be fully supported by the record and applicable authority. Further, Plaintiffs have
failed to identify any error in the legal authority cited, or to convince the Court that the Magistrate Judge’s
legal analysis is in error.

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5.
proceedings.

This case is hereby STAYED pending the completion of the arbitration
The Clerk of Court is directed to terminate any pending motions and

administratively close the file pending notification from the parties that the case is due to
be reopened or dismissed.
6.

The parties shall file a status report upon the conclusion of the arbitration.

If the arbitration is not completed by August 27, 2018, then the parties shall file a status
report at that time and every 120 days thereafter until the arbitration is completed.
DONE AND ORDERED in Chambers this 27th day of April, 2018.

ja
Copies to:
Counsel of Record

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