WHERE'S EILEEN, LLC
v.
ACE AMERICAN INSURANCE COMPANY
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The court granted defendant ACE American Insurance Company's motion to compel arbitration of plaintiff Where's Eileen, LLC and individual plaintiffs' claims against the insurer. The court adopted the magistrate judge's recommendation without objection and stayed the litigation pending arbitration.
The court granted ACE's motion to compel arbitration, ordering plaintiffs to arbitrate their claims and staying the litigation pending completion of arbitration.
“As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 24] are hereby adopted and deemed incorporated into this opinion.”
Establishes that the court adopted the magistrate judge's findings without modification due to lack of timely objections.
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Join FLexlaw to unlock all legal intelligencePlaintiffs Where's Eileen, LLC, Eileen Fisher, and Mark Fisher filed suit against ACE American Insurance Company. Defendant ACE moved to compel arbitr…
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THIS CAUSE is before the Court upon Defendant Ace American Insurance Company's Motion to Compel Arbitration, filed February 29, 2024 [DE 11] and the August 27, 2024 Report and Recommendation of Magistrate Judge Patrick M. Hunt (the “Report”) [DE 24]. The Court notes that no objections to the Report [DE 21] have been filed, and the time for filing such objections has passed.¹ As no timely objections were filed, the Magistrate Judge's factual findings in the Report [DE 24] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F. 2d 1144, 1149 (11th Cir. 1993).
Although no timely objections were filed, the Court has conducted a de novo review of 1 To the extent Defendant's "Conditional Objection to the Report and Recommendation" constitutes an objection to the Report, it was confined to the narrow circumstances in which Plaintiff filed a timely objection to the Report, or in which this Court did not adopt the Report. Because neither circumstance exists here, Defendant's objection is moot.
the Report [DE 24] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge's analysis and conclusions.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report [DE 24] is hereby ADOPTED and APPROVED;
2. Defendant Ace American Insurance Company's Motion to Compel Arbitration [DE 11] is hereby GRANTED as follows:
a. Plaintiffs Where's Eileen, LLC, Eileen Fisher, and Mark Fisher are hereby COMPELLED to arbitrate their claims against Defendant Ace American Insurance Company.
b. This case is STAYED pending arbitration.
c. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case and DENY AS MOOT any pending motions.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 5th day of September 2024.
Willain intibes
WILLIAM P. DIMITROULEAS
United States District Judge
Copies to: Counsel of record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)
- Resolution Tr. Corp. v. Hallmark Builders, Inc., 996 F.2d 1144 (11th Cir. 1993)
- LoConte v. Dugger, 488 U.S. 958 (U.S. 1988)