DeLuna v. Spindletop Center et al

Filing 23

ORDER adopting the 20 Report and Recommendation. Defendant's 14 Motion to Compel Arbitration is GRANTED. The parties are directed to arbitrate their dispute as outlined in the arbitration agreement. All other pending motions are DENIED AS MOOT. It is further ordered that this case is administratively closed, but this court retains jurisdiction to enforce any arbitration award. Signed by District Judge Michael J. Truncale on 5/9/24. (kcv)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
KIMBERLY DELUNA,
Plaintiff,
v.
SPINDLETOP CENTER, OBETTA MILO,
Defendants.

§
§
§ CIVIL ACTION NO. 1:23-CV-00167-MJT-ZJH
§
§ JUDGE MICHAEL TRUNCALE
§
§
§

ORDER ADOPTING REPORT AND RECOMMENDATION
On April 28, 2023, the Court referred this case to United States Magistrate Judge Zack
Hawthorn for pretrial management. [Dkt. 1]. On October 20, 2023, Defendants filed a Motion to
Dismiss Plaintiff’s Amended Complaint or in the Alternative Motion to Compel Arbitration. [Dkt.
14].

On April 17, 2024, Judge Hawthorn issued a Report and Recommendation, which

recommends granting Defendant’s Motion to Compel Arbitration because the arbitration
agreement at issue is enforceable and Plaintiff Kimberly DeLuna’s claims are within the scope of
the arbitration agreement. [Dkt. 20 at 5, 7].
The Court received and considered the Report and Recommendation of the United States
Magistrate Judge pursuant to such referral, along with the record, pleadings, and all available
evidence. The parties have not filed objections to the Report and Recommendation, and the time
for doing so has passed. See 28 U.S.C. § 636(b)(1)(C). After careful review, the Court finds that
the findings of fact and conclusions of law of the United States Magistrate Judge are correct.
It is, therefore, ORDERED that Judge Hawthorn’s Report and Recommendation granting
Defendant’s Motion to Compel Arbitration [Dkt. 20] is ADOPTED.

Accordingly, Defendant’s Motion to Compel Arbitration [Dkt. 14] is GRANTED. The
parties are directed to arbitrate their dispute as outlined in the arbitration agreement. All other
pending motions are DENIED AS MOOT.
It is further ORDERED that this case is administratively closed, but this court retains
jurisdiction to enforce any arbitration award.
SIGNED this 9th day of May, 2024.

____________________________
Michael J. Truncale
United States District Judge

2