ELEANOR AND RALPH SCHIANO v. MBNA et al

Filing 345

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 312 Motion to Compel, filed by PRESSLER & PRESSLER, 339 Report and Recommendations. Signed by Judge Jose L. Linares on 9/17/12. (sr, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ELEANOR AND RALPH SCHL&NO,

Civil Action No. 05-1771 (JLL)

Plaintiffs,
ORDER ADOPTING AUGUST 14, 2012
REPORT AND RECOMMENDATION

v.
MBNA, et al.,
Defendants
L1NARES, District Judge.

This matter comes before the Court on Defendant Pressler & Pressler, LLP (“Pressler”)’s
motion to compel arbitration. (CM/ECF No. 312.) On August 14, 2012, U.S. Magistrate Judge
Michael A. Hammer issued a Report and Recommendation suggesting that this Court grant
Pressler’s motion. (CM/ECF No. 339.) On August 23, 2012, Plaintiffs filed a Statement
of
Qualified Objection to Magistrate Judge Hammer’s Report and Recommendation.

(CM/ECF

No. 342.) In it, Plaintiffs noted their “objection for the record,” but agreed to proceed with “the
Court’s arbitration order.” (Id. at 2.) Additionally, Plaintiffs neither specifically identified
any
portion of the Report and Recommendation to which they objected, nor did they provid
e any
legal basis for their qualified objection.

See Local Civ. R. 72.1(c)(2) (noting that a party

objecting to a magistrate judge’s findings, recommendations, or report “shall specifically identif
y
the [objectionable] portions,” and provide “the basis” for objecting). Instead, Plainti
ffs have
requested that this Court (1) order Bank of America Corp. to cooperate with Plaintiffs’ discov
ery
requests in the arbitration; (2) make a determination as to which party should advance arbitra
tion
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fees; and (3) refrain from allowing Pressler to make claims against them before the arbitration
panel.
Having reviewed the Report and Recommendation, and for good cause shown,
IT IS on this

f day of September, 2012

ORDERED that this Court hereby ADOPTS Magistrate Judge Hammer’s August 14,

2012 Report and Recommendation as the findings of fact and conclusions of law of this Court;
and it is further
ORDERED that the issue of arbitration fees shall be raised before, and decided by the
arbitration panel; and it is further
ORDERED that all discovery matters pertaining to Bank of America Corp. shall be
referred to Magistrate Judge Hammer; and it is further
ORDERED that matters concerning which claims the parties may bring before the
arbitration panel are to be raised before said panel.
SO ORDERED.

DISTRICT JUDGE

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