Bormann v. Waxie Enterprises, Inc.
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|Date Filed||#||Document Text|
|March 31, 2010
ORDERED that Magistrate Judge Edmond's Report and Recommendation 13 is hereby ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court. ORDERED Dft's Petiton to Compel Arbitration 6 is GRANTED in part, with the provisions restricting puntive damages, award of atty's costs and fees, and the choice of venue hereby voided in accordance with the Report and Recommendation. That is action is dismissed. ORDERED that the Clk of the Ct enter judgment accordingly. Signed by Judge Frank R Zapata on 3/31/10.(SGG)
|July 8, 2009
REPORT AND RECOMMENDATION re 6 MOTION to Compel Arbitration : Recommending that the District Court, enter an order GRANTING IN PART Motion to Compel Arbitration. The motion to compel should be granted, but the provision in the arbitration agreement restricting punitive damages, the provision restricting the award of attorneys costs and fees, and the choice of venue provision should be voided as substantively unconscionable. The action should be dismissed. **SEE ATTACHED PDF FOR COMPLETE INFORMATION**. Signed by Magistrate Judge Glenda E Edmonds on 7/8/09. (LSI, )
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