Wells v. Fifth Third Bank, Inc.

Filing 20

ORDER granting #13 Motion to Compel arbitration and to stay proceedings. 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 8/16/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-178-D

KERI WELLS, on behalf of herself
and all others similarly situated,
Plaintiff,

v.

)
)
)
)
)

)

FIFTH THIRD BANK, INC.,
Defendant.

ORDER

)
)
)
)

On June 7, 2017, defendant filed a motion to compel arbitration and to stay proceedings. See
[D.E. 13]. Defendant also filed a declaration from Angela Howell, and memorandum in support of
the motion. See [D.E. 14, 15]. On June 28,2017, plaintiff responded in opposition [D.E. 16]. On
July 12,2017, Fifth Third Bank filed additional declarations in support of its motion and replied to
plaintiffs response. See [D.E. 17, 18, 19].
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) plaintiffs refusal to arbitrate the
dispute. Thus, the court grants the motion to compel arbitration. See,~' Marmet Health Care Ctr.•
Inc. v. BroiD!, 565 U.S. 530, 531-33 (2012) (per curiam); CompuCredit Cotp. v. Greenwood, 565
U.S. 95, 98 (2012); AT&T Mobility LLC v. Concepcio!!, 563 U.S. 333, 344-52 (2011); Citizens
Bank v. Alafabco, Inc., 539 U.S. 52, 56-58 (2003) (per curiam); Green Tree Fin. Corp.-Ala. v.
Randolph, 531 U.S. 79,91-92 (2000); Gallowayv. Santander Consumer USA, Inc., 819 F.3d 79,
89-90 (4th Cir. 20 16); Chorley Enters. v. Dickey's Barbecue Rests .. Inc., 807 F .3d 553, 562-63 (4th

Cir.2015); Santorov.AccentureFed. Servs .. LLC, 748 F.3d217,221 (4thCir. 2014); Rota-McLarty
v. Santander Consumer USA. Inc., 700F.3d690, 697-98 (4thCir. 2012); Newman v. First Montauk
Fin.Cor.p.,No. 7:08-CV-116-D,2010WL2933281,at*7-8(E.D.N.C.July23,2010)(unpublished).
In sum, defendant's motion to compel arbitration and to stay proceedings [D.E. 13] is
GRANTED. 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 __lk day of August 2017.

2