Hallock v. Kia Motors Finance

Middle District of Florida, flmd-8:2017-cv-00417

ORDER ATTACHED denying {{7}} Motion to Dismiss and Motion to Stay and directing an expedited response to {{7}} Motion to Compel Arbitration on or before April 14, 2017. Signed by Judge Richard A. Lazzara on 4/7/2017. (CCB)

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PageID 37 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DONNA HALLOCK, Plaintiff, v. CASE NO. 8:17-cv-417-T-26TBM KIA MOTORS FINANCE, Defendant. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this case, it is ORDERED AND ADJUDGED that the Defendant's Motion to Dismiss and Motion to Stay (Dkt. 7) are denied. Under Eleventh Circuit precedent, even if the Court decides to compel arbitration, it is error to dismiss the appeal. See Bender v. A.G. Edwards & Sons, Inc., 971 F.2d 698, 699 (11th Cir. 1992). Instead, the Court, upon compelling arbitration, is obligated to stay the proceedings. Id. Plaintiff is directed to file an expedited response to the Motion to Compel Arbitration on or before April 14, 2017. DONE AND ORDERED at Tampa, Florida, on April 7, 2017. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record