Bergolla v. AN LUXURY IMPORTS OF PEMBROKE PINES, INC.
| Rafael Bergolla |
| AN LUXURY IMPORTS OF PEMBROKE PINES, INC. doing business as Mercedes-Benz of Pembroke Pines |
| 1:2022cv23099 |
| September 24, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Truth in Lending |
| 15 U.S.C. ยง 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER. THIS MATTER is before the Court on #13 Defendant's Motion to Compel Arbitration ("Motion"). Section 3 of the Federal Arbitration Act 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. 9 U.S.C. 3. "The FAA places arbitration agreements on equal footing with all other contracts and sets forth a clear presumption--a 'national policy'--in favor of arbitration." Parnell v. Cash Call, Inc., 804 F.3d 1142, 1146 (11th Cir. 2015) (citing Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443 (2006)).Having reviewed #13 Defendant's Motion, #15 Plaintiff's Notice of Consent to Arbitration, 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 #13 Defendant's 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 STAYED pending the resolution of the arbitration. All pending motions are DENIED AS MOOT. The Parties shall file a status report WITHIN FOURTEEN (14) DAYS of the completion of arbitration. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 11/14/2022. (er01)
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| Civil Case Terminated. Per DE#16. Closing Case. (cqs) |
| Filing 15 NOTICE of Consent to Arbitration by Rafael Bergolla re #13 MOTION to Compel Arbitration (Feygin, Joshua) Text Modified on 11/4/2022 (cqs). |
| Filing 14 MOTION for Extension of Time Complaint re #1 Complaint by AN LUXURY IMPORTS OF PEMBROKE PINES, INC.. Responses due by 11/16/2022 (Ivers, Richard) |
| Filing 13 MOTION to Compel Arbitration by AN LUXURY IMPORTS OF PEMBROKE PINES, INC.. Responses due by 11/16/2022 (Attachments: #1 Exhibit, #2 Exhibit)(Ivers, Richard) |
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Filing 12
PAPERLESS ORDER. Defendant AN Luxury Imports of Pembroke Pines, Inc. filed an #11 Unopposed Motion for Enlargement of Time to Respond to Complaint. For good cause shown, the Court hereby ORDERS that the #11 Unopposed Motion for Enlargement of Time is GRANTED. Defendant shall file its response to the Complaint no later than November 2, 2022. Signed by Magistrate Judge Chris M. McAliley on 10/17/2022. (nsy)
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| Reset Response/Answer Due Deadline: AN LUXURY IMPORTS OF PEMBROKE PINES, INC. response/answer due 11/2/2022. Per DE#12. (cds) |
| Filing 11 MOTION for Extension of Time Respond to Complaint re #1 Complaint by AN LUXURY IMPORTS OF PEMBROKE PINES, INC.. Attorney Richard Alan Ivers added to party AN LUXURY IMPORTS OF PEMBROKE PINES, INC.(pty:dft). Responses due by 10/28/2022 (Attachments: #1 Text of Proposed Order)(Ivers, Richard) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rafael Bergolla. AN LUXURY IMPORTS OF PEMBROKE PINES, INC. served on 9/27/2022, response/answer due 10/18/2022. (Attachments: #1 Exhibit)(Newhart, Darren) |
| Filing 9 Summons Issued as to AN LUXURY IMPORTS OF PEMBROKE PINES, INC.. (cqs) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rafael Bergolla (Newhart, Darren) |
| Filing 7 Notice of NO Pending, Refiled, Related or Similar Actions by Rafael Bergolla (Newhart, Darren) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Rafael Bergolla (Newhart, Darren) |
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES, REFERRING CASE to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 9/26/2022. See attached document for full details. (cqs)
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| Filing 4 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (bb) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Nature of Suit when filing. The correction was made. It is not necessary to re-file this document. (bb) |
| 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. (bb) |
| Filing 1 COMPLAINT against AN LUXURY IMPORTS OF PEMBROKE PINES, INC.,. Filing fees $ 402.00 receipt number AFLSDC-15975906, filed by Rafael Bergolla. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Newhart, Darren) |
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| Plaintiff: Rafael Bergolla | |
| Represented By: | Joshua E. Feygin |
| Represented By: | Darren R. Newhart |
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| Defendant: AN LUXURY IMPORTS OF PEMBROKE PINES, INC. doing business as Mercedes-Benz of Pembroke Pines | |
| Represented By: | Richard Alan Ivers |
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