Wells Fargo Bank, National Association v. Cabell et al

Filing 30

MEMORANDUM ORDER adopting 29 Report and Recommendation and granting 10 Motion to Compel Arbitration and Stay Case. The parties are ordered to notify the Court within 5 days of completion of arbitration. Ordered that 13 Motion to Strike Jury Demand is terminated as moot, without prejudice to reassert. Signed by District Judge Marcia A. Crone on 9/26/18. (tkd, )

UNITED STATES DISTRICT COURT
WELLS FARGO BANK, NATIONAL
ASSOCIATION,
Plaintiff,
v.
DAVID W.E. CABELL; DEBORAH
L CABELL; THE DAVID WINSTON
EARLY CABELL FAMILY LIMITED
PARTNERSHIP, LTD.,
Defendants.

EASTERN DISTRICT OF TEXAS
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CIVIL ACTION NO. 1:17-CV-406

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. § 636 and the Local Rules for the United States District Court for
the Eastern District of Texas, this matter was referred to United States Magistrate Judge Keith F.
Giblin for entry of findings and recommendation on case-dispositive motions and determination
of non-dispositive matters.

On September 6, 2018, Judge Giblin entered his report and

recommendation (# 29) recommending that the District Court grant the defendant’s motion to
compel arbitration. Judge Giblin further recommended that the Court enter a stay pending
completion of arbitration and that any outstanding motions be terminated as moot pursuant to the
stay, without prejudice to reassert those motions.
To date, the parties have not filed objections to the report. Pursuant to 28 U.S.C. § 636(b)
and Federal Rule of Civil Procedure 72, the Court conducted a de novo review of the magistrate
judge’s report and the record in this cause. The Court agrees with the Magistrate Judge’s findings
and conclusions and adopts Judge Giblin’s report as the findings and conclusions of the Court.

The Court therefore ORDERS that Judge Giblin’s Report and Recommendation (#. 29) is
ADOPTED and the Plaintiff’s Motion to Compel Arbitration and Stay Case (# 10) is GRANTED.
Pursuant to Judge Giblin’s recommendation, it is further ORDERED that the parties are
compelled to arbitration and this civil action is STAYED pending completion of arbitration. The
parties are further ORDERED to notify the Court within five (5) days of completion of
arbitration.

It is finally ordered that Plaintiff’s Motion to Strike Jury Demand (# 13) is

TERMINATED as MOOT, without prejudice to reassert.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 26th day of September, 2018.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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