Reed v. First Premier Bank

Filing 8

ORDER and REASONS re 7 MOTION to Compel Arbitration and to Dismiss or Alternatively to Stay Proceedings filed by First Premier Bank. IT ISORDERED that the motion (Rec. Doc. 7) is hereby GRANTED to the extent that (1) Plaintiff Anthon y Reed is ordered to arbitrate his claims against First Premier Bank in accordance with the written arbitration agreement in Mr. Reed's credit card account contract with First Premier Bank and Section 4 of the Federal Arbitration Act ("FAA"), 9 U.S.C. 1-16; and (2) this action is stayed pending completion of the arbitration proceeding, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 2/21/2017.(cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANTHONY REED

CIVIL ACTION

VERSUS

NO. 16-15654

FIRST PREMIER BANK

SECTION "N" (1)

ORDER AND REASONS
Presently before the Court is the "Motion to Compel Arbitration and to Dismiss or
Alternatively to Stay Proceedings by First Premier Bank (Rec. Doc. 7). Local Rule 7.5 of the
Eastern District of Louisiana requires that a memorandum in opposition to a contested motion be
filed eight days prior to the date the motion is be taken under submission. No memoranda in
opposition to First Premier Bank's motion, which was set to be taken under submission on January
4, 2017 has been filed to date. Accordingly, given that the motion has not been opposed, IT IS
ORDERED that the motion (Rec. Doc. 7) is hereby GRANTED to the extent that (1) Plaintiff
Anthony Reed is ordered to arbitrate his claims against First Premier Bank in accordance with the
written arbitration agreement in Mr. Reed’s credit card account contract with First Premier Bank and
Section 4 of the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; and (2) this action is stayed
pending completion of the arbitration proceeding.
Any motion for reconsideration of the Court's rulings set forth herein must be filed
within fourteen (14) days of the date that this Order is entered by the Clerk of Court and must be
accompanied by an opposition memorandum to First Premier Bank's motion to dismiss and state

why an opposition memorandum was not timely filed. Additionally, because a motion for
reconsideration would not have been necessary had an timely opposition memorandum been filed,
all costs incurred in connection with the First Premier Bank's motion, including attorneys' fees, may
be assessed against the party moving for reconsideration. See Fed. R. Civ. P. 16, 83. Accordingly,
a statement of costs conforming to Local Rule 54.3 shall be submitted by all parties desiring to be
awarded costs and attorneys' fees no later than eight days prior to the submission date of any motion
for reconsideration that is filed.
New Orleans, Louisiana, this 21st day of February 2017.

__________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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