Batista v. Union Security Safety, Corp. et al
| Fidel Batista |
| Union Security Safety, Corp., Jose A. Vega and Reynier Vega Conde |
| 1:2022cv21518 |
| May 17, 2022 |
| US District Court for the Southern District of Florida |
| Kathleen M Williams |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0201 Fair Labor Standards Act |
| Plaintiff |
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Filing 8
PAPERLESS ORDER. THIS MATTER is before the Court on #5 Defendants' Unopposed Motion to Compel Arbitration (the "Motion"). Section 3 of the Federal Arbitration Act ("FAA") provides: If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. Moreover, in an FLSA matter, "[a]rbitration [a]greements are enforceable under the FAA." Walthour v. Chipio Windshield Repair, LLC, 745 F.3d 1326, 1336 (11th Cir. 2014).Having reviewed #5 the Motion and the record, the Court finds that a valid arbitration agreement exists, and the Parties agree to its enforceability in this action. Accordingly, it is ORDERED AND ADJUDGED that Defendants' Motion is GRANTED. The Parties are COMPELLED TO PROCEED TO ARBITRATION regarding all matters in dispute in compliance with the terms of the agreement. This case is CLOSED AND DISMISSED WITHOUT PREJUDICE. Perera v. H & R Block E. Enters., Inc., 914 F. Supp. 2d 1284, 1290 (S.D. Fla. 2012) (explaining that dismissal is appropriate "when all claims [are] subject to arbitration") (citing Caley v. Gulfstream Aerospace Corp., 333 F. Supp. 2d 1367, 1379 (N.D. Ga. 2004), aff'd, 428 F.3d 1359, 1379 (11th Cir. 2005)). Any pending motions are DENIED AS MOOT. Any pending deadlines, hearings, and trial settings are CANCELED. Signed by Judge Kathleen M. Williams on 7/12/2022. (er01)
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| Civil Case Terminated. Closing Case.E DE# 8 (cds) |
| Filing 7 Statement of: Claim by Fidel Batista re #4 Order Referring Case to Magistrate Judge, Notice of Court Practice/to Appear/Other (Palma, Zandro) |
| Filing 6 Clerks Notice to Filer re #5 Claim, Memorandum. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (cds) |
| Filing 5 Unnopposed Motion to Compel Arbitration, MEMORANDUM of Law re #1 Complaint, by Union Security Safety, Corp., Jose A. Vega, Reynier Vega Conde. (Marban, Edilberto) Modified Event Type on 6/6/2022 (cds). |
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Filing 4
ORDER OF REFERRAL to Magistrate Judge Chris M. McAliley for Settlement AND NOTICE OF COURT PRACTICE IN FLSA CASES. Signed by Judge Kathleen M. Williams on 5/23/2022. See attached document for full details. (cds)
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| Filing 3 Summons Issued as to Union Security Safety, Corp., Jose A. Vega, Reynier Vega Conde. (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (cds) |
| Filing 1 COMPLAINT against Union Security Safety, Corp., Jose A. Vega, Reynier Vega Conde. Filing fees $ 402.00 receipt number AFLSDC-15642866, filed by FIDEL BATISTA. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Palma, Zandro) |
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