BRIANA GLASEL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED
v.
OFFICE DEPOT, LLC
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In a class action suit, the district court upheld a magistrate judge's recommendation and denied Office Depot's motion to compel arbitration, finding that the defendant had waived its arbitration rights by substantially invoking the litigation machinery.
Office Depot waived its arbitration rights through conduct that substantially invoked the litigation machinery in a manner inconsistent with arbitration.
[1] A party waives its right to arbitration if it substantially invokes the litigation machinery in a manner inconsistent with its arbitration rights.
[2] A court may approve a magistrate judge's report and recommendation after conducting a de novo review.
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Join FLexlaw to unlock all legal intelligence“Defendant's conduct in this case reflects that it "substantially invoked the litigation machinery" in a manner inconsistent with its arbitration rights, thereby waiving arbitration.”
Establishes the legal standard for waiver of arbitration rights through substantial invocation of litigation machinery.
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Join FLexlaw to unlock all legal intelligencePlaintiff Briana Glasel filed a class action against Office Depot. Office Depot moved to compel arbitration and stay proceedings on December 15, 2025.…
The full statement of facts, procedural history, and disposition for this case are member content.
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individually and on behalf of all others similarly situated, Plaintiff,
V.
OFFICE DEPOT, LLC, Defendant.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO: 9:24-cv-80910-WPD
ORDER APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; OVERRULING OBJECTIONS; DENYING DEFENDANTS' MOTION TO COMPEL
THIS CAUSE is before the Court on Defendant Office Depot, LLC (“Defendant” or “Office Depot")'s Motion to Compel Arbitration and Stay Proceedings, filed December 15, 2025 [DE 41] and United States Magistrate Judge Matthewman's January 27, 2026 Report and Recommendation (the “Report”) [DE 55]. The Court has conducted a de novo review of the Report, Defendant's Objections to the Report and Recommendation [DE 58], and is otherwise fully advised in the premises.
Having carefully considered Defendant's Objections, and having reviewed the arguments and relevant case law, the Court overrules the Objections. The Court agrees with the analysis and conclusions set forth in Magistrate Judge Matthewman's very thorough Report. Defendant's conduct in this case reflects that it “substantially invoked the litigation machinery” in a manner inconsistent with its arbitration rights, thereby waiving arbitration. Gutierrez v. Wells Fargo Bank, NA, 889 F. 3d 1230, 1236 (11th Cir. 2018).
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 55] is hereby APPROVED;
2. Defendant's Objections [DE 58] are OVERRULED;
3. Defendant's Motion to Compel Arbitration and Stay Proceedings [DE 41] is hereby DENIED.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 12th day of February, 2026.
WILLIAM P. DIMITROULEAS United States District Judge
Copies to: Counsel of record Magistrate Judge Matthewman