SIMMONS v. FIRST PREMIER BANK NA
Filing
9
ORDER granting in part and denying in part 8 Motion to Compel. The Clerk is DIRECTED to administratively close this case. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 3/14/2018 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRAKILISHA SIMMONS,
Plaintiff,
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v.
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No. 5:17‐CV‐376 (CAR)
FIRST PREMIER BANK, N.A., and
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DOES 1‐10 inclusive,
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Defendants.
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ORDER ON JOINT MOTION TO COMPEL ARBITRATION AND STAY
PROCEEDINGS
Before the Court is the parties’ Joint Motion to Compel Arbitration and Stay
Proceedings. Plaintiff Trakilisha Simmons filed this action against Defendant First
Premier Bank, N.A. alleging violations of the Telephone Consumer Protection Act, 47
U.S.C. § 227 et seq. (“TCPA”) and the Georgia Fair Business Practices Act, O.C.G.A. § 10‐
1‐399. (“FBPA”), due to alleged “robocalls” made to Plaintiff by Defendant. For the
reasons stated below, the parties’ Motion [Doc. 8] is GRANTED IN PART and
DENIED IN PART.
In the instant Motion, the parties represent they have entered into an arbitration
agreement, attached as Exhibit A, and request the Court compel arbitration, stay all
proceedings, and reserve jurisdiction to enforce the final award of the arbitrator. The
parties’ arbitration agreement states it is governed by the Federal Arbitration Act, 9
U.S.C. § 1 et seq. (“FAA”), that arbitration is final and binding, and that it applies to all
claims “regardless of legal theory and remedy sought, including, but not limited to
claims based in . . . statutory law (federal and state).”1 Because the FAA governs the
dispute between the parties, the Court is obligated to compel arbitration. 2 However, the
Court finds that when all claims are subject to arbitration, the proper course of action is
not to stay all proceedings, but to dismiss the case without prejudice.3 “Given our ruling
that all issues raised in this action are arbitrable and must be submitted to arbitration,
retaining jurisdiction and staying the action will serve no purpose.”4
Therefore, the parties’ Motion [Doc. 8] is GRANTED as to compelling arbitration
in this case, but DENIED as to staying the proceedings and retaining jurisdiction. Thus,
Plaintiff’s Complaint is DISMISSED with prejudice. Accordingly, the Clerk is
DIRECTED to administratively close this case.
SO ORDERED, this 14th day of March, 2018.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
Joint Motion to Compel, Ex. A, [Doc. 8‐1].
See 9 U.S.C. § 4; Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24‐25 (1983).
3 See, e.g., Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992) (“The weight of authority
clearly supports dismissal of the case when all of the issues raised in the district court must be submitted
to arbitration.”) (emphasis in original); see also Athon v. Direct Merchants Bank, No. 5:06‐CV‐1 (CAR), 2007
WL 1100477, at *6 (M.D. Ga. Apr. 11, 2007), aff’d, 251 F. App’x 602 (11th Cir. 2007); Caley v. Gulfstream
Aerospace Corp., 333 F. Supp. 2d 1367, 1379 (N.D. Ga. 2004), aff’d, 428 F.3d 1359, 1365 (11th Cir. 2005).
4 Alford, 975 F.2d at 1164.
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