Green v. Progressive Finance Holdings, LLC

Filing 12

ORDER denying 8 Motion to Dismiss ; granting 10 Motion to Stay Pending Arbitration; denying 11 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Frank D. Whitney on 4/13/2015. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-00008-FDW
MATTHEW T. GREEN,

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Plaintiff,
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vs.
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PROGRESSIVE FINANCE HOLDINGS, )
LLC,
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Defendant.
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ORDER

THIS MATTER is before the Court on Plaintiff’s Consent Motion to Stay Litigation
Pending Arbitration (Doc. No. 10). For the reasons that follow, the motion is GRANTED.
Defendant’s Motion to Compel Arbitration and Dismiss this Proceeding or, in the Alternative, Stay
this Proceeding Pending Arbitration (Doc. No. 8) and Plaintiff’s Motion for Extension of Time to
File Response (Doc. No. 11) are DENIED AS MOOT.
On March 1, 2014, Plaintiff executed a “Rent to Own Agreement” and agreed to
Defendant’s Consumer Arbitration Provision (the “Arbitration Provision”). In the complaint,
Plaintiff alleges that Defendant communicated with him regarding the merchandise he leased
under the Rent to Own Agreement, and such communication violated the Telephone Consumer
Protection Act, 47 U.S.C. § 227. Defendant denies liability. Defendant filed a motion to compel
arbitration. In response, Plaintiff filed a consent motion to arbitrate and a related motion for
extension of time to respond to Defendant’s motion.
The Federal Arbitration Act, which governs the enforcement of arbitration agreements,
“reflects a liberal federal policy favoring arbitration agreements.” Adkins v. Labor Ready, Inc.,
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303 F.3d 496, 500 (4th Cir. 2002). Ambiguities regarding the scope of an arbitration clause are
resolved in favor of arbitration. See id. According to Adkins,
The FAA requires a court to stay “any suit or proceeding” pending arbitration of
“any issue referable to arbitration under an agreement in writing for such
arbitration.” 9 U.S.C. § 3. This stay-of-litigation provision is mandatory. A district
court therefore has no choice but to grant a motion to compel arbitration where a
valid arbitration agreement exists and the issues in a case fall within its purview.
Id. at 499-501.
Both parties agree the Rent to Own Agreement includes an arbitration provision, and
neither party objects to their dispute proceeding to arbitration in accordance with the arbitration
provision.

The Court sees no reason why the parties’ dispute should not be arbitrated.

Accordingly, the other motions by both parties are now moot.
IT IS, THEREFORE, ORDERED that Plaintiff’s Consent Motion to Stay Litigation
Pending Arbitration (Doc. No. 10) is GRANTED. Additionally, Defendant’s Motion to Compel
Arbitration and Dismiss this Proceeding or, in the Alternative, Stay this Proceeding Pending
Arbitration (Doc. No. 8); and Plaintiff’s Motion for Extension of Time to File Response (Doc. No.
11) are DENIED AS MOOT. The parties are ORDERED to proceed to arbitration and must
jointly submit a status report to the Court every sixty (60) days. Furthermore, the dispute must be
resolved within six (6) months from the date of the Order. Failure to do so will result in Court
action.
IT IS SO ORDERED.
Signed: April 13, 2015

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