Shepperd et al v. DIRECTV Global Holdings, LLC et al
Filing
26
ORDER denying 12 Motion for Declaratory Judgment; denying 14 Motion to transfer case; granting 15 Motion to compel arbitration. All proceedings in this case are stayed, and the parties are directed to arbitrate this action pursuant to th e terms of the Dispute Resolution Policy. The Clerk is directed to administratively close this case during the period of stay until completion of the arbitration. The Clerk of Court shall close this case and terminate any other pending motions. The parties shall file a status report every six months starting on October 18, 2016. Signed by Judge Elizabeth A. Kovachevich on 4/18/2016. (SN)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CHRISTOPHER SHEPPERD,
et al.,
Plaintiffs.
vs.
CASE NO. 8:15-CIV-2886-T-EAK-AEP
DIRECTTV GLOBAL HOLDINGS, LLC,
et al.,
Defendants.
/
ORDER GRANTING MOTION
This cause is before the Court on the Defendants’ renewed motion for transfer
of related case (Doc 14), response thereto (Doc. 24), Defendants’ motion to compel
arbitration (Doc. 15), response thereto (Doc. 24), and Plaintiffs’ motion for declaratory
judgment and speedy hearing (Doc. 12), and response thereto (Doc. 25). The
Defendants seek a transfer of this case to the Honorable Richard A. Lazzara as they
assert this is a case which is related to his case 8:15cv1547-RAL-AEP. Upon
consideration of the present posture of Judge Lazzara’s case, which has been
administratively closed after Judge Lazzara granted the Defendants’ motion to compel
arbitration, the Court is denying the motion to transfer.
As to the motion to compel arbitration, the Court has reviewed this case in
relation to Judge Lazzara’s case and finds the order granting the motion to compel
arbitration in that case persuasive in this case. As pointed out by the Defendants, the
case, Levison v. MasTec, Inc., Case No. 8:15-cv-01547-RAL-AEP, at order at Doc.
33, at *2 (Aug. 25, 2015) granted MasTec’s and DIRECTV’s motion to compel
arbitration and found “Plaintiffs’ argument that the DRP is not a valid, legal arbitration
agreement enforceable under Florida law, is without merit.”. The Court concurs with
Judge Lazzara.
In the motion for declaratory judgment, the Plaintiffs seek to have the Court
declare that the Dispute Resolution Policy in question in this case is unenforceable. In
light of the Court’s ruling on the motion to compel arbitration, the Court denies this
motion. Therefore, it is
ORDERED that Defendants’ motion to transfer and Plaintiffs’ motion for
declaratory judgment and speedy hearing (Docs. 12 and 14) be denied and
Defendants’ Motion to Compel Arbitration (DOC. 15) be granted. All proceedings in
this case are stayed, and the parties are directed to arbitrate this action pursuant to the
terms of the Dispute Resolution Policy. The Clerk is directed to administratively close
this case during the period of stay until completion of the arbitration. The Clerk of
Court shall close this case and terminate any other pending motions. The parties shall
file a status report every six months starting on October 18, 2016.
DONE and ORDERED in Chambers, in Tampa, Florida, this 18th day of
April, 2016.
Copies to: All parties and counsel of record
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