Dobles v. NBCUniversal Media, LLC et al
| Santiago Dobles |
| NBCUniversal, LLC and NBCUniversal Media, LLC |
| 1:2019cv22882 |
| July 12, 2019 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| John J O'Sullivan |
| Labor: Fair Standards |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Document Text |
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| Civil Case Terminated per D.E. 8. (gie) |
Filing 8
PAPERLESS ORDER GRANTING #7 Defendants' Agreed Motion to Refer Case to Arbitration. The Parties seek an order referring the case to arbitration, and staying and administratively closing the case pending completion of arbitration.To compel arbitration, "a district court must consider three factors: (1) whether a valid written agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived." Integrated Sec. Servs. v. Skidata, Inc., 609 F. Supp. 2d. 1323,1324 (S.D. Fla. 2009).The Court finds--and it is undisputed that--a valid written agreement to arbitrate exists, Plaintiff's claims fall within the agreement and are arbitrable, and Defendants did not waive their right to arbitrate. Therefore, the Court finds that an order compelling arbitration is warranted.However, the Parties have cited no authority for (and have provided no argument supporting) the proposition that the case should be stayed and administratively closed--as opposed to dismissed--pending completion of the arbitration. Motions to compel arbitration are generally treated as motions to dismiss for lack of subject matter jurisdiction. See Maestre v. Am. Express Co., CASE NO. 14-23916-CIV-LENARD/GOODMAN, 2014 WL 12605504, at *1 (S.D. Fla. Nov. 18, 2014) ("Motions to compel arbitration are treated generally as motions to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).") (quoting PTA-FLA, Inc. v. ZTE USA, Inc., No. 3:11-cv-510-J-32JRK, 2011 WL 5024647, at *1 (M.D. Fla. Oct. 21, 2011)); see also Langelier v. Seven Seas Cruises S. de R.L., Case No.: 13-61632-CIV-DIMITROULEAS, 2014 WL 12603169, at *2 (S.D. Fla. Aug. 14, 2014) (citing Shea v. BBVA Compass Bancshares, Inc., 2013 WL 869526, at *2 n.3 (S.D. Fla. Mar. 7, 2013)). "A dismissal for lack of subject matter jurisdiction is not a judgment on the merits and is entered without prejudice." Stalley ex rel. U.S. v. Orlando Reg'l Healthcare Sys., Inc., 524 F.3d 1229, 1232 (11th Cir. 2008) (citing Crotwell v. Hockman-Lewis Ltd., 734 F.2d 767, 769 (11th Cir. 1984)). Therefore, the Court finds that a dismissal without prejudice is appropriate. See Walthour v. Chipio Windshield Repair, LLC, 745 F.3d 1326, 1335 (11th Cir. 2014) (affirming order compelling arbitration and dismissing complaint asserting unpaid overtime wage claims under the FLSA). Accordingly, it is is ORDERED AND ADJUDGED that: (1) Defendants' #7 Agreed Motion to Refer Case to Arbitration is GRANTED in part consistent with this Order; (2) the Parties shall submit this matter to arbitration consistent with the Parties' agreement; (3) all pending motions are DENIED AS MOOT; (4) this case is now CLOSED. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/17/2019. (gie)
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| Filing 7 Agreed MOTION to Refer Case to Arbitration by NBCUniversal Media, LLC, NBCUniversal, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Cula, Steven) |
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Filing 6
Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 07/16/19. See attached document for full details. (dp)
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Filing 5
Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge John J. O'Sullivan; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; Notice of Court Practice in Removal Actions; and Directing Parties to File a Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 07/16/19. See attached document for full details. (Attachments: #1 Appendix, #2 Appendix) (dp)
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| Filing 4 Notice of Court Procedure in Actions Brought Under The Fair Labor Standards Act and Referral to Magistrate Judge John J. O'Sullivan for Settlement Conference. Signed by Judge Joan A. Lenard on 07/16/19. See attached document for full details. (dp) |
| Filing 3 Corporate Disclosure Statement by NBCUniversal Media, LLC, NBCUniversal, LLC identifying Corporate Parent Comcast Holdings Corporation for NBCUniversal Media, LLC, NBCUniversal, LLC (Cula, Steven) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - State Court Complaint) Filing fee $ 400.00 receipt number 113C-11806494, filed by NBCUniversal, LLC, NBCUniversal Media, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Cula, Steven) |
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