Sundial Partners, Inc. v. Atlantic Street Capital Management LLC

Filing 65

ORDER overruling 61 --objections; adopting 56 --REPORT AND RECOMMENDATIONS; granting 17 --motion to compel arbitration; denying as moot 17 --motion to dismiss; staying the action pending arbitration; directing the clerk to TERMINATE any pending moton and to ADMINISTRATIVELY CLOSE the case. Signed by Judge Steven D. Merryday on 3/11/2016. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SUNDIAL PARTNERS, INC.,
Plaintiff,
v.

CASE NO. 8:15-cv-861-T-23JSS

ATLANTIC STREET CAPITAL
MANAGEMENT LLC,
Defendant.
____________________________________/

ORDER
An order (Doc. 43) referred for report and recommendation the defendant’s
motion (Doc. 17) to compel arbitration or to dismiss. After a hearing, the magistrate
judge recommends (Doc. 56) granting the motion to compel arbitration and denying
as moot the motion to dismiss. The plaintiff objects (Doc. 61) to the report and
recommendation, and the defendant responds (Doc. 64) to the objection. A de novo
review of the portions of the report and recommendation to which the plaintiff
objects reveals that the plaintiff’s objection is unfounded or unpersuasive.
Accordingly, the report and recommendation (Doc. 56) is ADOPTED. The
defendant’s motion (Doc. 17) to compel arbitration is GRANTED, and the
defendant’s motion (Doc. 17) to dismiss is DENIED AS MOOT. This action is

STAYED pending arbitration. The clerk is directed to terminate any pending motion
and to administratively close the case.
ORDERED in Tampa, Florida, on March 11, 2016.

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