PhosAsset GmbH v. Gulfstream Aerospace Corporation
ORDER ADOPTING the 26 REPORT AND RECOMMENDATIONS as the Court's opinion, granting Defendant's 11 Motion to Compel Arbitration, dismissing as moot parties' joint 27 Motion requesting that the Court adopt the Report and Recommendation, dismissing Plaintiff's 1 Complaint without prejudice, and directing the Clerk of Court to close this case. Signed by District Judge R. Stan Baker on 07/28/2022. (jlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
CIVIL ACTION NO.: 4:21-cv-205
After a careful de novo review of the entire record, the Court concurs with the Magistrate
Judge's June 13, 2022, Report and Recommendation, to which no party has filed an objection.
(Doc. 26.) The Court ADOPTS the Report and Recommendation as its opinion. (Id.) For the
reasons discussed by the Magistrate Judge, Defendant’s Motion to Compel Arbitration is
GRANTED. (Doc. 11.) Since the Court concludes that all of Plaintiff’s claims are subject to a
valid, written agreement to arbitrate, the Court must either “stay or dismiss” this action. See
Lambert v. Austin Ind., 544 F.3d 1192, 1195 (11th Cir. 2008). The Eleventh Circuit has indicated
that dismissal is appropriate where all of the underlying claims are subject to mandatory
arbitration. See Caley v. Gulfstream Aerospace Corp., 333 F. Supp. 2d 1367, 1379 (N.D. Ga.
2004), aff’d, 428 F.3d 1359 (11th Cir. 2005) (“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.”).
Because all of Plaintiff’s claims are subject to arbitration, the Court exercises its discretion and
DISMISSES Plaintiff’s Complaint without prejudice. The Clerk of Court is DIRECTED to
CLOSE this case. The parties’ joint motion requesting that the Court adopt the Report and
Recommendation, is DISMISSED as moot. (Doc. 27.)
SO ORDERED, this 28th day of July, 2022.
R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA
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