Matthews v. Priority Energy Services, LLC

Filing 95

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 87 Report and Recommendations on Defendants' Motion to Compel Arbitration and Stay Proceedings. ORDERED that the Defendant's Motion to Compel Arbitration is GRANTED; the Signatory Plaintiffs are DISMISSED from the litigation and compelled to arbitration. It isfurther ORDERED that Defendant's Motion to Stay the litigation is DENIED. Signed by Judge Robert W. Schroeder, III on 1/3/17. (mjc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STEVEN MATTHEWS, individually and § on behalf of others similarly situated, § § v. § § PRIORITY ENERGY SERVICES, LLC, § et al. Civil Action No. 6:15-cv-448-RWS-KNM ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE The Report and Recommendation of the Magistrate Judge, which contains her findings, conclusions, and recommendation on Defendants’ Motion to Compel Arbitration and Stay Proceedings (“Motion”) has been presented for consideration. The Report and Recommendation (ECF 87) filed on December 2, 2016 recommends that the Motion be granted-in-part and denied-in-part. Neither party filed written objections. This Court agrees with the Magistrate Judge’s finding that the claims brought by the Signatory Plaintiffs are subject to arbitration. Further, this Court also agrees that, because the entirety of the claims brought by the Signatory Plaintiffs are referable to arbitration, retaining jurisdiction over the Signatory Plaintiffs serves no purpose, and the Signatory Plaintiffs should be dismissed from this action. With respect to Defendants’ motion to stay, this Court agrees with the Magistrate Judge that the Court should not issue a mandatory stay, and a discretionary stay would be inappropriate because it would not be an efficient way to control or manage the docket. Accordingly, finding no plain error in the Magistrate Judge’s reasoning, the findings and conclusions of the Magistrate Judge are adopted as those of the Court. It is . US 7,430,471 B2 Page 2 |U.S. PATENT DOCUMENTS Discrete Wireless, GPS FleetManagement, RealTimeVehicle Track ORDERED that - the Defendant’s Motion to Compel ..., downloaded from theGRANTED; ing, Fleet Tracking System Arbitration is Interneton Sep. 2006/0061476 A1 * 3/2006 Patil et al. ................ 340/.572.4 21, 2005 at http://www.discretewireless.com/index.asp. DieselBoss, Fleet Tracking and Truck arbitration. It the SignatoryOTHER PUBLICATIONS Plaintiffs are DISMISSED from the litigation GPS Internet on Sep. 21, Management System, is downloaded from and compelled to 2005 at http://www. the Advanced Tracking Technologies, Inc., GPS Vehicle Tracking Systems, GPSTracking, downloaded from the Internet on Sep. 21, 2005 further at http://www.advantrack.com. dieselboss.com/track/track.htm. * cited by examiner ORDERED that the Defendant’s Motion to Stay the litigation is DENIED. So ORDERED and SIGNED this 3rd day of January, 2017. ____________________________________ ROBERT W. SCHROEDER III UNITED STATES DISTRICT JUDGE Page 2 of 2

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