Lockett et al v. Conn Appliances Inc, et al

Filing 56

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 55 Report and Recommendations,, 54 Report and Recommendations. It is, therefore, ORDERED that Defendant Conn Credit Corporation Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt. 15 ), Defendant Conn Credit I, LP's FRCP 12(b)(6) Motion to Dismiss Plaintiffs' First Amended Complaint (Dkt. 16 ), and Defendant Conn's Inc.'s FRCP 12(B)(6) Motion to Dismiss Pl aintiffs' First Amended Complaint (Dkt. 17 ) each are DENIED. It is further ORDERED that Defendant Conn Appliances Inc.'s Amended and Supplemental Motion to Dismiss and Compel Arbitration (Dkt. 35 ; Dkt. 37 ) are GRANTED and that Plaintiffs' suit against Conn Appliances, Inc. is STAYED pending the arbitrator's ruling on the gateway issue of arbitrability. Signed by Judge Amos L. Mazzant, III on 5/16/2017. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

DALLAS LOCKETT, MICHELLE
LOCKETT
v.
CONN APPLIANCES INC, CONNS INC,
CONN CREDIT CORPORATION INC,
CONN CREDIT I LP

§
§
§
§
§
§
§

Civil Action No. 4:16-CV-703
(Judge Mazzant/Judge Nowak)

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the reports of the United States Magistrate Judge in this action,
this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636.
On April 11, 2017, the reports of the Magistrate Judge (Dkts. #54-55) were entered containing
proposed findings of fact and recommendations that Defendant Conn Credit Corporation Inc.’s
Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. #15), Defendant Conn Credit I, LP’s
FRCP 12(b)(6) Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. #16), and Defendant
Conn’s Inc.’s FRCP 12(B)(6) Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. #17)
each be denied and that Defendant Conn Appliances, Inc.’s Amended and Supplemental Motion
to Dismiss and Compel Arbitration (Dkt. #35; Dkt. #37) be granted.
Having received the reports of the Magistrate Judge, and no objections thereto having been
timely filed, the Court is of the opinion that the findings and conclusions of the Magistrate Judge
are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the Court.
It is, therefore, ORDERED that Defendant Conn Credit Corporation Inc.’s Motion to
Dismiss Plaintiffs’ First Amended Complaint (Dkt. #15), Defendant Conn Credit I, LP’s FRCP
12(b)(6) Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. #16), and Defendant

Conn’s Inc.’s FRCP 12(B)(6) Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. #17)
each are DENIED.
It is further ORDERED that Defendant Conn Appliances Inc.’s Amended and
.

Supplemental Motion to Dismiss and Compel Arbitration (Dkt. #35; Dkt. #37) are GRANTED
and that Plaintiffs’ suit against Conn Appliances, Inc. is STAYED pending the arbitrator’s ruling
on the gateway issue of arbitrability.
IT IS SO ORDERED.
SIGNED this 16th day of May, 2017.

___________________________________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

2