Caseres v. Texas De Brazil (Orlando) Corporation

Filing 16

ORDER denying as moot 7 motion to dismiss, or in the alternative to stay and motion to compel arbitration. Signed by Judge Roy B. Dalton, Jr. on 8/6/2013. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CLAUDIA S. CASERES,
Plaintiff,
v.

Case No. 6:13-cv-1001-Orl-37KRS

TEXAS DE BRAZIL (ORLANDO)
CORPORATION,
Defendant.
ORDER
This cause is before the Court on the following:
1.

Defendant Texas de Brazil (Orlando) Corporation’s Motion to Dismiss or,
in the Alternative, to Stay and Motion to Compel Arbitration and
Incorporated Memorandum of Law (Doc. 7), filed July 24, 2013;

2.

Plaintiff’s First Amended Complaint and Demand for Jury Trial (Doc. 14),
filed July 31, 2013; and

3.

Defendant’s Notice that Its Motion to Dismiss or, in the Alternative, to Stay
and Motion to Compel Arbitration Is Rendered Moot (Doc. 15), filed
August 5, 2013.

On June 28, 2013, Plaintiff filed the initial Complaint. (Doc. 1.) On July 24, 2013,
Defendant moved to dismiss or, in the alternative, to stay and to compel arbitration.
(Doc. 7.) On July 31, 2013, Plaintiff responded and simultaneously filed the First
Amended Complaint. (Docs. 12, 14.) Defendant then filed an unopposed notice that its
motion to dismiss or to stay and to compel arbitration was rendered moot by the
Amended Complaint and that it will timely respond to the Amended Complaint.

(Doc. 15.) In light of the parties’ agreement, it is hereby ORDERED AND ADJUDGED
that Defendant Texas de Brazil (Orlando) Corporation’s Motion to Dismiss or, in the
Alternative, to Stay and Motion to Compel Arbitration and Incorporated Memorandum of
Law (Doc. 7) is DENIED AS MOOT.
DONE AND ORDERED in Chambers in Orlando, Florida, on August 6, 2013.

Copies:
Counsel of Record

2