Harrington v. Synchrony Bank

Middle District of Florida, flmd-8:2017-cv-00149

ORDER ATTACHED granting {{38}} Motion to Compel Arbitration, denying {{38}} Motion for Dismissal, and staying the case pending arbitration. The Clerk is directed to administratively CLOSE the case during the stay. Signed by Judge Richard A. Lazzara on 9/26/2017. (CCB)

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PageID 327 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SIMON HARRINGTON, Plaintiff, v. CASE NO. 8:17-cv-149-T-26TGW SYNCHRONY BANK, et al., Defendants. / ORDER UPON DUE AND CAREFUL CONSIDERATION, it is ORDERED AND ADJUDGED that Defendant Synchrony Bank's Amended Motion to Compel Arbitration and Alternative Motion to Stay (Dkt. 38) is granted. The Motion for Dismissal (Dkt. 38) is denied.1 The parties are directed to arbitrate Plaintiff's claims pursuant to the Sam's Club Personal Credit Card Account Agreement attached to the Koehler Declaration as Exhibit Two. All proceedings in this case are stayed pending arbitration. The Clerk is directed to administratively CLOSE this case during the period of the stay. DONE AND ORDERED at Tampa, Florida, on September 26, 2017. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record 1 When compelling arbitration, Court is required to stay the case rather than dismiss it. See Bender v. A.G. Edwards & Sons, Inc., 971 F. 2d 698, 699 (11th Cir. 1992).