Minor v. Best Buy Stores, LP et al

Filing 12

ORDER granting in part #6 Citibank, N.A.'s Motion to Stay Filing An Answer Or Conducting A Rule 26(f) Conference And Request For A Preliminary Hearing. This matter is STAYED pending a decision on Arbitration; the request to conduct a hearing on the motions to compel is DENIED WITHOUT PREJUDICE. The parties shall confer in person, via telephone conference, Zoom, Teams, or other means of live communication to discuss their positions on the remaining pending motions by July 23, 2021. The parties shall file a brief Status Report, jointly if possible, on or before July 27, 2021. Signed by Magistrate Judge David Keesler on 7/14/21. (mga) Modified judge on 7/22/2021 (mga).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:21-CV-325-FDW-DCK
CATHERINE MINOR,
Plaintiff,
v.
BEST BUY STORES, LP, and
CITIBANK, N.A.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Citibank, N.A.’s Motion To Stay Of
Filing An Answer Or Conducting A Rule 26(f) Conference And Request For A Preliminary
Hearing” (Document No. 6) filed July 14, 2021. This motion has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having
carefully considered the motion and the record, the undersigned will grant the motion in part and
deny the motion in part.
By the instant motion, Defendant Citibank, N.A. requests that the Court stay the deadlines
for filing an Answer and for filing a Certificate Of Initial Attorney’s Conference pending a decision
on Defendants’ motions to compel arbitration. (Document No. 6); see also (Document Nos. 4 and
8). Both Defendants in this matter seek to compel Plaintiff to arbitrate all claims. (Document No.
4, p. 1; Document No. 5; Document No. 8, p. 1; Document No. 9, pp. 3-4).
Defendant Citibank reports that Plaintiff and Defendant Best Buy Stores, LP “do not object
to the requests made in this motion.” (Document No. 6, p. 2). It is not clear to the undersigned
whether the parties properly conferred pursuant to Local Rule 7.1(b) regarding the motions to
compel arbitration (Document Nos. 4 and 8).

Based on the foregoing, the undersigned will allow a stay of this matter pending a decision
on Defendants’ motions to compel arbitration. At this time, the undersigned will decline to hold
a hearing. Instead, the Court will direct counsel for the parties to confer in good faith regarding
the requests to compel arbitration.
IT IS, THEREFORE, ORDERED that “Citibank, N.A.’s Motion To Stay Of Filing An
Answer Or Conducting A Rule 26(f) Conference And Request For A Preliminary Hearing”
(Document No. 6) is GRANTED in part and this matter is STAYED pending a decision on
Arbitration; the request to conduct a hearing on the motions to compel arbitration is DENIED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that counsel for the parties shall confer in person, via
telephone conference, Zoom, Teams, or other means of live communication to discuss their
positions on the remaining pending motions by July 23, 2021. The parties shall file a brief Status
Report, jointly if possible, on or before July 27, 2021.
SO ORDERED.
Signed: July 14, 2021

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