Harrington v. Synchrony Bank

Filing 39

ORDER ATTACHED granting 38 Motion to Compel Arbitration, denying 38 Motion for Dismissal, and staying the case pending arbitration. The Clerk is directed to administratively CLOSE the case during the stay. Signed by Judge Richard A. Lazzara on 9/26/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SIMON HARRINGTON,
Plaintiff,
v.

CASE NO. 8:17-cv-149-T-26TGW

SYNCHRONY BANK, et al.,
Defendants.
/
ORDER

UPON DUE AND CAREFUL CONSIDERATION, it is ORDERED AND
ADJUDGED that Defendant Synchrony Bank’s Amended Motion to Compel Arbitration
and Alternative Motion to Stay (Dkt. 38) is granted. The Motion for Dismissal (Dkt. 38)
is denied.1 The parties are directed to arbitrate Plaintiff’s claims pursuant to the Sam’s
Club Personal Credit Card Account Agreement attached to the Koehler Declaration as
Exhibit Two. All proceedings in this case are stayed pending arbitration. The Clerk is
directed to administratively CLOSE this case during the period of the stay.
DONE AND ORDERED at Tampa, Florida, on September 26, 2017.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

1

Counsel of Record

When compelling arbitration, Court is required to stay the case rather than dismiss it.
See Bender v. A.G. Edwards & Sons, Inc., 971 F. 2d 698, 699 (11th Cir. 1992).