Egonjic v. Princess Cruise Lines, Ltd.

Filing 15

ORDER granting 4 Motion to Dismiss; granting 4 Motion to Compel. Closing Case. Motions Terminated: 4 Defendant's MOTION to Dismiss with Prejudice 1 Notice of Removal (State Court Complaint), MOTION to Compel Ar bitration filed by Princess Cruise Lines, Ltd.. Signed by Judge Robert N. Scola, Jr on 12/27/2017. (vmz) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

United States District Court
for the
Southern District of Florida
Stanislav Egonjic, Plaintiff,
v.
Princess Cruise Line, Ltd.,
Defendant.

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) Civil Action No. 17-24118-Civ-Scola
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Order on Motion to Dismiss and Compel Arbitration
This matter is before the Court upon the Defendant Princess Cruise Line,
Ltd.’s motion to dismiss and compel arbitration (ECF No. 4). The Plaintiff agrees
that his dispute should proceed through arbitration, but the parties appear to
disagree whether a stay or dismissal of these proceedings is appropriate. (See
ECF No. 13.)
Section 3 of the FAA states that district courts “shall” stay proceedings
pending arbitration upon the motion of a party. 9 U.S.C. § 3. However, where all
issues presented in the lawsuit are arbitrable, the Eleventh Circuit and this
Court have found that a dismissal of the lawsuit is a proper remedy. See Caley v.
Gulfstream Aerospace Corp., 428 F.3d 1359, 1379 (11th Cir. 2005); Perera v.
H&R Block Eastern Enterps., Inc., 914 F. Supp. 2d 1284, 1290 (S.D. Fla. 2012).
The Plaintiff’s employment contract contains a broad arbitration provision,
pursuant to which, “any and all disputes of any kind or nature whatsoever
between Employee and Company shall be resolved by binding arbitration in
Bermuda as set forth in Article 15 of the attached CBA [Collective Bargaining
Agreement].” (ECF No. 4-2.) Thus, the Court finds that all of the Plaintiff’s claims
are arbitrable, and that dismissal of this matter is proper. See Olsher Metals
Corp. v. Olsher, No. 01-3212-CIV, 2003 WL 25600635, at *9 (S.D. Fla. Mar. 26,
2003) (Jordan, J.) (dismissing case in which broad arbitration clause applied to
each claim).
Accordingly, the Defendant’s motion to dismiss and compel arbitration
(ECF No. 4) is granted. The Clerk of Court is directed to close this case.
Done and ordered at Miami, Florida, on December 27, 2017.
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Robert N. Scola, Jr.
United States District Judge