Hamilton-Warwick v. Verizon Wireless et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS granting 11 Motion to Dismiss/General filed by Federal Trade Commission, and granting 20 Motion to Stay, Motion to Compel Arbitration filed by Verizon Wireless (Written Opinion). Signed by Chief Judge John R. Tunheim on May 3, 2017. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

AMY HAMILTON-WARWICK,
Civil No. 16-3461 (JRT/BRT)
Plaintiff,
v.
VERIZON WIRELESS and FEDERAL
TRADE COMMISSION,

ORDER ON REPORT
AND RECOMMENDATION

Defendants.

Amy Hamilton-Warwick, 306 Exchange Street South, Saint Paul, MN 55102,
pro se plaintiff.
Seth J S Leventhal, LEVENTHAL PLLC, 527 Marquette Avenue South,
#2100, Minneapolis, MN 55402, for defendant Verizon Wireless.
Pamela Marentette, Assistant United States Attorney, UNITED STATES
ATTORNEY'S OFFICE, 300 South Fourth Street, Suite 600, Minneapolis,
MN 55415, for defendant Federal Trade Commission.
The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Becky R. Thorson dated April 12, 2017. No objections
have been filed to that Report and Recommendation in the time period permitted. Based
upon the Report and Recommendation of the Magistrate Judge, upon all of the files,
records, and proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that:

1.

The Federal Trade Commission’s Motion to Dismiss for Failure to State a

Claim upon which Relief may be Granted (Doc. No. 11) is GRANTED, and all claims in
the Complaint are dismissed without prejudice against the FTC; and
2.

Verizon Wireless’s Motion to Compel Arbitration and Stay the Action

(Doc. No. 20) is GRANTED, and this action is STAYED pending arbitration.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 3, 2017
at Minneapolis, Minnesota

s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court

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