Sethunya v. Wells Fargo Bank 30771

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety. Defendants Motion to Compel Arbitration is GRANTED 11 and this case is stayed during the arbitration proceedings. Signed by Judge Clark Waddoups on 9/17/18. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

VICTORIA SETHUNYA, an individual,

ORDER ADOPTING
REPORT AND RECOMMENDATION

Plaintiff,
Case No. 2:18-cv-378
v.
Judge Clark Waddoups
WELLS FARGO BANK 3077 a/k/a WELLS
FARGO CONSUMER LENDING a/k/a
WELLS FARGO NA,

Magistrate Judge Brooke C. Wells

Defendant.

This case was assigned to United States District Court Judge Clark Waddoups, who then
referred it to United States Magistrate Brooke C. Wells under 28 U.S.C. § 636(b)(1)(B). On
August 20, 2018, Judge Wells issued a Report and Recommendation addressing Defendant Wells
Fargo Bank, N.A.’s Motion to Compel Arbitration. Based on the parties’ Arbitration Agreement,
Judge Wells recommended granting the Motion to Compel Arbitration.
On September 12, 2018, Plaintiff Victoria Sethunya filed a Response to Report and
Recommendation. Ms. Sethunya requests that her right to a jury trial be preserved if arbitration
is compelled. The Arbitration Agreement specifies that all legal claims “shall be resolved by
final and binding arbitration.” Arbitration Agreement (ECF No. 11-1). This appears to waive
the right to a jury trial, but since that issue has not been briefed and is not ripe, the court does not
address that issue at this time.
Plaintiff also requests that the case be stayed during the arbitration proceedings. The
court concludes a stay is warranted.

Having reviewed the case, including de novo review of the issues raised by Plaintiff, the
court hereby APPROVES AND ADOPTS Judge Wells’ Report and Recommendation in its
entirety (ECF No. 16). Accordingly, Defendant’s Motion to Compel Arbitration is GRANTED
(ECF No. 11) and this case is stayed during the arbitration proceedings.
SO ORDERED this 17th day of September, 2018.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Court Judge

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