Morgan v. Harley Davidson Financial Services, Inc

Filing 11

ORDER granting 9 Motion to Compel; granting 9 Motion to Stay. The Clerk shall Administratively close this case without prejudice to the right of any party with standing to reopen it. Signed by Magistrate Judge G. R. Smith on 5/30/17. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
KEITH MORGAN,
Plaintiff,
v.
HARLEY-DAVIDSON
FINANCIAL
SERVICES, INC.
Defendant.

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CV417-74

ORDER
Plaintiff Keith Morgan and defendant Harley-Davidson Financial
Services, Inc. move to compel arbitration and stay proceedings pending
arbitration, doc. 9, which the Court GRANTS.

Pursuant to the

Promissory Note and Security Agreement, doc. 10, and section three of
the Federal Arbitration Act, 9 U.S.C. § 31, this action is stayed pending

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That section says:
If any suit or proceeding be brought in any of the courts of the United States
upon any issue referable to arbitration under an agreement in writing for
such arbitration, the court in which such suit is pending, upon being satisfied
that the issue involved in such suit or proceeding is referable to arbitration
under such an agreement, shall on application of one of the parties stay the

resolution of the arbitration of the underlying claims. This Court shall
retain personal and subject matter jurisdiction over the parties for the
purpose of enforcing any arbitral award that may issue.

The Clerk

shall ADMINISTRATIVELY CLOSE this case without prejudice to the
right of any party with standing to reopen it. See, e.g., In re Heritage

Southwest Medical Group PA, 464 F. App’x 285, 287 (5th Cir. 2012)
(“administrative closure does not have any effect on the rights of the
parties and is simply a docket-management device.”).
SO ORDERED, this 30th

day of May, 2017.

______________________________________
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

trial of the action until such arbitration has been had in accordance with the
terms of the agreement, providing the applicant for the stay is not in default
in proceeding with such arbitration.
9 U.S.C. § 3.
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