Hernandez v. Global Prisoner Services, LLC D/b/a Texas Prisoner Transportation Services

Western District of Texas, txwd-5:2019-cv-00374

ATTACHMENT Order to [46] Deficiency Notice, [44] MOTION to Compel Arbitration by Global Prisoner Services, LLC.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DISTRICT AMANDA HERNANDEZ, individually and) on behalf of All Others Similarly Situated,))) Plaintiff,)) No.: 5:19-cv-00374-FB v.)) GLOBAL PRISONER SERVICES, LLC) d/b/a TEXAS PRISONER) TRANSPORTATION SERVICES, PTS OF)) AMERICA, LLC, and RYAN WHITTEN,)) Defendants.)) [PROPOSED] ORDER ON DEFENDANTS GLOBAL PRISONER SERVICES, LLC AND RYAN WHITTEN'S MOTION TO COMPEL ARBITRATION AND DISMISS THE CASE Before the Court is Defendants Global Prisoner Services, LLC and Ryan Whitten's Motion to Compel Arbitration and Dismiss the Case, filed as Docket No. 44. In support of that Motion, these Defendants also filed the Declaration of Ryan Whitten on behalf of Global Prisoner Services, LLC, as Docket No. 43. Having considered the matters before the Court, the Court finds that there is an enforceable arbitration agreement signed by the Plaintiff, and that such agreement both waives the right to proceed in a class or collective action, and requires that this case be submitted to arbitration. ACCORDINGLY, the Court hereby ORDERS the parties to submit to binding arbitration, and dismisses this case so that arbitration may go forward. The Court notes that it will retain jurisdiction to enforce the results of the arbitration. 1 It is so ORDERED this ____ day of ________________, 2019. Richard B. Farrer U.S. MAGISTRATE JUDGE CERTIFICATE OF SERVICE I do hereby certify that a true and exact copy of the foregoing has been served by the PACER/ECF system on this ____ day of _____________, 2019 upon the following: Melissa Moore (24013189) Mary E. Buckley (24101571) Curt Hesse (24065414) Gregory J. Northen, (Ark Bar #20111891) Moore & Associates Cross, Gunter, Witherspoon & Galchus, PC Lyric Centre 500 President Clinton Avenue, Suite 200 440 Louisiana Street, Suite 675 Little Rock, AR 72201 Houston, TX 77002 /S/ Sean C. Wlodarczyk__________ Sean C. Wlodarczyk 2