De Jesus Plaud et al v. Chipotle Mexican Grill, Inc.

Filing 27

ORDER terminating as moot 13 motion to dismiss. Signed by Judge Roy B. Dalton, Jr. on 2/15/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOSHUA L. DE JESUS PLAUD;
SAMANTHA BROWN; AMEERA
ALNABOUT; and PATRICK
FORD,
Plaintiffs,
v.

Case No. 6:16-cv-1459-Orl-37DCI

CHIPOTLE MEXICAN GRILL, INC.,
Defendant.
ORDER
This cause is before the Court on the parties’ Joint Stipulation Regarding
Defendant Chipotle Mexican Grill Inc.’s Motion to Dismiss and Compel Arbitration
[D.E. 13] (Doc. 26), filed February 14, 2017.
Plaintiffs initiated this action on August 15, 2016, alleging violations of the Fair
Labor Standards Act against Defendant, their employer. (Doc. 1.) Referencing employee
arbitration agreements, Defendant moved the Court to dismiss the action and compel
arbitration. (Doc. 13 (“Motion to Compel Arbitration”).) In their response, Plaintiffs
argued that they had neither seen nor assented to the aforementioned arbitration
agreements. (Doc. 18.) Plaintiffs have since changed their position and now stipulate that
the Court may grant the Motion to Compel Arbitration as unopposed and compel
arbitration. (See Doc. 26 (“Stipulation”).)
As Plaintiffs no longer contest that they assented to arbitration agreements that
encompass the instant action, there is no longer a dispute for the Court to adjudicate. As
such, the Motion to Compel Arbitration is now moot. The Court will construe the parties’

Stipulation

as

stipulation

of

dismissal

under

Federal

Rule

of

Civil

Procedure 41(a)(1)(A)(ii), which the Court finds is due to be granted, with each party to
bear its own costs and fees.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

The Parties’ Joint Stipulation Regarding Defendant Chipotle Mexican Grill
Inc.’s Motion to Dismiss and Compel Arbitration [D.E. 13] (Doc. 26), which
the Court construes as a stipulation of dismissal under Federal Rule of Civil
Procedure 41(a)(1)(A)(ii), is GRANTED.

2.

This action is DISMISSED.

3.

Defendant Chipotle Mexican Grill, Inc.’s Motion to Dismiss and Compel
Arbitration (Doc. 13) is TERMINATED AS MOOT. The parties are referred
to arbitration per their agreement.

4.

The Clerk is DIRECTED to terminate all pending motions and close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on February 15, 2017.

Copies:

2

Counsel of Record

3