Snow v. Discover Financial Services (Inc.)

Filing 34

ORDER granting 18 Motion to Compel Arbitration and to Stay Action and dismissing as moot 26 Motion for Protective Order - The court STAYS the action pending arbitration of plaintiff's claims. The parties shall notify this court upon the conclusion of the arbitration. Signed by Chief Judge James C. Dever III on 8/6/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-25-D

~SNOW,

Plaintiff,

v.

)
)
)
)

)

ORDER

)
DISCOVER FINANCIAL SERVICES (INC.), )
)
Defendant. )
On May 16, 2014, defendant moved for an order compelling Marian Snow ("Snow" or
''plaintiff') to arbitrate her claims against defendant. See [D.E. 18]. Defendant also filed a
memorandum in support of the motion, and a declaration from JeffNaami. See [D.E. 19, 20]. On
June 6, 2014, Snow responded in opposition [D.E. 23] and filed her own declaration. See [D .E. 24].
On June 25, 2014, defendant replied [D.E. 31] and filed a supplemental declaration from JeffNaami.
See [D.E. 32].
The record demonstrates: (1) the existence of a dispute between the parties; (2) a written
agreement that includes an arbitration provision purporting to cover the dispute and that is
enforceable under general provisions of contract law; (3) the relationship of the transaction, as
evidenced by the agreement, to interstate commerce; and (4) Snow's refusal to arbitrate the dispute.
Thus, the court grants the motion to compel arbitration. See,~' Marmet Health Care Ctr.. Inc. v.
Bro:Ml, 132 S. Ct. 1201, 1202-03 (2012) (per curiam); CompuCredit Com. v. Greenwood, 132 S.
Ct. 665, 669 (2012); AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1744 (2011); Citizens
Bank v. Alafabco. Inc., 539 U.S. 52, 56-58 (2003); Green Tree Fin. Com.-Ala. v. Randolph, 531
U.S. 79, 91-92 (2000); Santoro v. Accenture Fed. Servs.. LLC, 748 F.3d 217, 221 (4th Cir. 2014);
Rota-McLarty v. Santander Consumer USA. Inc., 700 F.3d 690, 697-98 (4th Cir. 2012); Newman

v. First Montauk Fin. Corp., No. 7:08-CV-116-D, 2010 WL 2933281, at *7-8 (E.D.N.C. July 23,
2010) (unpublished); Aspen Spa Props .. LLC v. Int'l Design Concepts. LLC, 527 F. Supp. 2d 469,
473-74 (E.D.N.C. 2007).
In sum, defendant's motion to compel arbitration [D.E. 18] is GRANTED, and defendant's
motion for a protective order [D.E. 26] is DISMISSED as moot. The court STAYS the action
pending arbitration of plaintiff's claims. The parties shall notify this court upon the conclusion of
the arbitration.
SO ORDERED. This _k_ day of August 2014.

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