Loney v. GE Capital Retail Bank et al

Filing 48

ORDER granting 45 Motion to Compel arbitration and granting 45 Motion to Stay proceedings. The clerk is directed to close the case subject to it being reopened upon a party's appropriate motion and order of the court. Signed by Senior Judge W. Earl Britt on 1/22/2014. Copy of order to plaintiff via US Mail at address on record. (Marsh, K)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7:13-CV-00093-BR
JOYCE LONEY,
Plaintiff,
v.
MIDLAND CREDIT MANAGEMENT,
Defendant.

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ORDER

This matter is before the court on plaintiff’s motion to compel arbitration and to stay
these proceedings pending arbitration. (DE # 45.) Defendant, Midland Credit Management, Inc.
(“MCM”), did not file a response to the motion.
Plaintiff filed this action pro se in North Carolina state court against MCM and several
other defendants, including GE Capital Retail Bank, with whom she had entered into a credit
card agreement. On 8 May 2013, defendants removed the action to this court. (DE # 1.) Since
the filing of plaintiff’s original complaint, plaintiff has stipulated to, and the court has ordered,
the dismissal of plaintiff’s claims against all defendants except MCM. In the meantime, plaintiff
has been allowed to amend her complaint. She claims that MCM, as an entity regularly
collecting debts, violated the Fair Debt Collection Practices Act, the Fair Credit Reporting Act,
the Telephone Consumer Protection Act, and various state laws. (Am. Compl., DE # 44.)
Plaintiff now moves to compel MCM to submit to arbitration pursuant to the terms of her credit
card agreement with GE Capital Retail Bank (“Agreement”) and the Federal Arbitration Act.
This situation appears to be governed by the terms of the Agreement. The Agreement
provides in relevant part that “[i]f either you or we make a demand for arbitration, you and we
must arbitrate any dispute or claim between you . . . and us, our affiliates, agents and/or

dealers/merchant/retailers [sic] that accept the card or program sponsors if it relates to your
account.” (Mot., Ex. A, DE # 45-1.) Given the terms of the Agreement and MCM’s lack of
opposition, plaintiff’s motion to compel arbitration and stay proceedings is GRANTED. The
clerk is DIRECTED to close the case subject to it being reopened upon a party’s appropriate
motion and order of the court.
This 22 January 2014.

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W. Earl Britt
Senior U.S. District Judge

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