MYERS
v.
CITY OF NAPLES, FLORIDA
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The court held that a motion to compel arbitration must be denied when there are no operative claims at issue to compare with an alleged arbitration agreement.
Plaintiff filed a motion to compel arbitration and stay the case. The court had previously dismissed the plaintiff's complaint, and the plaintiff had …
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Plaintiff Gregory Myers seeks an order sending this dispute to arbitration and staying the case. (Doc. 50.) [fn 1] Defendant Naples Property Holding Company, LLC has responded in opposition (Doc. 52), making this matter ripe. For the reasons below, the motion is DENIED.
Arbitration is simply a matter of contract. “[I]t is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration." First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943 (1995). Because arbitration requires consent, a court presented with a motion to compel arbitration must assess three factors: (1) whether a valid agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3)
whether the right to arbitrate was waived. See Abellard v. Wells Fargo Bank, N.A., No. 19-CV-60099, 2019 WL 2106389, at *2 (S.D. Fla. May 14, 2019).
"The court must grant a motion to compel arbitration if it is satisfied that the parties agreed to arbitrate the claims at issue.” Nat'l Auto Lenders, Inc. v. SysLOCATE, Inc., 686 F. Supp. 2d 1318, 1322 (S.D. Fla. 2010). The problem with Plaintiffs motion is simple—there are no “claims at issue." Id. The Court dismissed Plaintiffs complaint several weeks ago. (See Doc. 44.) And while he was given leave to amend, that has not happened. Without an operative complaint to compare with the alleged arbitration agreement, the Court cannot assess if arbitration is proper. See Caley v. Gulfstream Aerospace Corp., 428 F. 3d 1359, 1378 (11th Cir. 2005) (“[P]arties are required to arbitrate covered claims, [but] neither is required to arbitrate non-covered claims."); see also CIBC Bank USA v. ISI Sec. Grp., Inc., No. SA-18-CV- 00462-JKP, 2020 WL 2615758, at *4 (W.D. Tex. May 21, 2020) (denying motion to compel arbitration where “there are no live claims to compel to arbitration"). Any other result would amount to “an impermissible advisory opinion on [an] abstract proposition of law." In re Checking Acct. Overdraft Litig., 780 F. 3d 1031, 1037 (11th Cir. 2015).
Accordingly, Plaintiffs Motion to Compel Arbitration (Doc. 50) is
DENIED WITHOUT PREJUDICE.
ORDERED in Fort Myers, Florida on October 28, 2024.
Kyle C. Dudek United States Magistrate Judge
[fn 1]: Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations.
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Myers v. City of Naples, 2019 WL 2106389 (M.D. Fla. 2024)…lterations have been omitted in this and later citations. ---PAGE 2--- Case 2:24-cv-00235-JES-KCD Document 53 Filed 10/28/24 Page 2 of 3 PageID 833 whether the right to arbitrate was waived. See Abellard v. Wells Fargo Bank, N.A., No. 19-CV-60099, 2019 WL 2106389, at *2 (S.D. Fla. May 14, 2019). "The court must grant a motion to compel arbitration if it is satisfied that the parties agreed to arbitrate the claims at issue.” Nat'l Auto Lenders, Inc. v. SysLOCATE, Inc., 686 F. Supp. 2d 1318, 1322 (S.D. Fla. 2…
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Martin v. Equifax Info. Servs., LLC (M.D. Fla. 2025)…pel arbitration, a court must assess three factors: (1) whether a valid arbitration agreement exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived. See Abellard v. Wells Fargo Bank, N.A., No. 19-CV-60099, 2019 WL 2106389, at *2 (S.D. Fla. May 14, 2019). “[I]f the aforementioned criteria are met, the Court is required to issue an order compelling arbitration.” Id.; Nat'l Auto Lenders, Inc. v. SysLOCATE, Inc., 686 F. Supp. 2d 1318, 1322 (S.D. Fla. 2010) (“The court mu…1 / 2
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Eugene v. Ciox Health LLC (M.D. Fla. 2024)…n to compel arbitration must assess three factors: (1) whether a valid agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived. See Abellard v. Wells Fargo Bank, N.A., No. 19-CV-60099, 2019 WL 2106389, at *2 (S.D. Fla. May 14, 2019). “The court must grant a motion to compel arbitration if it is satisfied that the parties agreed to arbitrate the claims at issue.” Nat'l Auto Lenders, Inc. v. SysLOCATE, Inc., 686 F. Supp. 2d 1318, 1322 (S.D. Fla. 20…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Caley v. Gulfstream Aerospace Corp., 428 F.3d 1359 (11th Cir. 2005)
- Nat'l Auto Lenders, Inc. v. Syslocate, Inc., 686 F. Supp. 2d 1318 (S.D. Fla. 2010)
- In re Checking Account Overdraft Litigation v. Wells Fargo Bank, N.A., 780 F.3d 1031 (11th Cir. 2015)
- Myers v. City of Naples, 2019 WL 2106389 (M.D. Fla. 2024)