Hallock v. Kia Motors Finance

Filing 8

ORDER ATTACHED denying 7 Motion to Dismiss and Motion to Stay and directing an expedited response to 7 Motion to Compel Arbitration on or before April 14, 2017. Signed by Judge Richard A. Lazzara on 4/7/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

DONNA HALLOCK,
Plaintiff,
v.

CASE NO. 8:17-cv-417-T-26TBM

KIA MOTORS FINANCE,
Defendant.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, it is ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss and Motion
to Stay (Dkt. 7) are denied. Under Eleventh Circuit precedent, even if the Court decides to
compel arbitration, it is error to dismiss the appeal. See Bender v. A.G. Edwards & Sons, Inc.,
971 F.2d 698, 699 (11th Cir. 1992). Instead, the Court, upon compelling arbitration, is obligated
to stay the proceedings. Id. Plaintiff is directed to file an expedited response to the Motion to
Compel Arbitration on or before April 14, 2017.

DONE AND ORDERED at Tampa, Florida, on April 7, 2017.

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

Counsel of Record