Barringer v. Neighborhood Assistance Corporation of America et al

Filing 15

MEMORANDUM AND RECOMMENDATIONS on 10 MOTION to Dismiss or in the Alternative MOTION to Stay Proceedings and Compel Arbitration, 12 MOTION to Stay re 1 Complaint MOTION to Dismiss Motio n to Stay Proceedings and Compel Arbritration or in the Alternative to Dismiss. ( Objections to M&R due by 12/5/2013), ORDER granting in part 10 MOTION to Stay, 12 MOTION to Stay. Signed by Magistrate Judge David Keesler on 11/15/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-499-MOC-DCK
LAKEISHA M. BARRINGER,
Plaintiff,
v.
NEIGHBORHOOD ASSISTANCE
CORPORATION OF AMERICA,
and PERRY HOPPER,
Defendants.

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MEMORANDUM AND
RECOMMENDATION
AND ORDER

THIS MATTER IS BEFORE THE COURT on “Defendant Neighborhood Assistance
Corporation Of America’s Motion To Dismiss Or In The Alternative Motion To Stay
Proceedings And Compel Arbitration” (Document No. 10) and “Defendant Perry Hopper’s
Motion To Stay Proceedings And Compel Arbitration Or In The Alternative Motion To Dismiss”
(Document No. 12), filed October 28, 2013.

These motions have been referred to the

undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motions and the record, the undersigned will grant
the motions, in part.
The undersigned observes that “Plaintiff’s Stipulation” (Document No. 14) was filed on
November 14, 2013. That document expresses Plaintiff’s consent to Defendants’ requests to stay
this matter and compel arbitration. (Document No. 14); see also (Document Nos. 10 and 12).
For good cause shown in Defendants’ motions, and noting that Plaintiff now consents to relief
requested by Defendants, the undersigned finds that this matter should be stayed and that the
parties should proceed with arbitration.

IT IS, THEREFORE, ORDERED that “Defendant Neighborhood Assistance
Corporation Of America’s Motion To Dismiss Or In The Alternative Motion To Stay
Proceedings And Compel Arbitration” (Document No. 10) and “Defendant Perry Hopper’s
Motion To Stay Proceedings And Compel Arbitration Or In The Alternative Motion To Dismiss”
(Document No. 12) are GRANTED, in part. This matter is hereby STAYED and the parties are
directed to immediately seek arbitration.
IT IS FURTHER ORDERED that the parties shall file a Status Report, or Stipulation
Of Dismissal, on or before January 15, 2014.
FOR THE FOREGOING REASONS, undersigned respectfully recommends that to the
extent Defendants seek dismissal, those requests be DENIED WITHOUT PREJUDICE.
TIME FOR OBJECTIONS
The parties are hereby advised that pursuant to 28 U.S.C. § 636(b)(1)(C), and Rule 72 of
the Federal Rules of Civil Procedure, written objections to the proposed findings of fact,
conclusions of law, and recommendation contained herein may be filed within fourteen (14)
days of service of same. Responses to objections may be filed within fourteen (14) days after
service of the objections. Fed.R.Civ.P. 72(b)(2). Failure to file objections to this Memorandum
and Recommendation with the District Court constitutes a waiver of the right to de novo review
by the District Court.

Diamond v. Colonial Life, 416 F.3d 310, 315-16 (4th Cir. 2005).

Moreover, failure to file timely objections will preclude the parties from raising such objections
on appeal. Diamond, 416 F.3d at 316; Page v. Lee, 337 F.3d 411, 416 n.3 (4th Cir. 2003);
Snyder v. Ridenhour, 889 F.2d 1363, 1365 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140, 14748 (1985), reh'g denied, 474 U.S. 1111 (1986).
SO ORDERED AND RECOMMENDED.

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Signed: November 15, 2013

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