Estevez v. CCAP Auto Lease, LTD.
| Jose Estevez |
| CCAP Auto Lease, LTD. A foreign corporation doing business as CHRYSLER CAPITAL |
| 1:2023cv20442 |
| February 3, 2023 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Truth in Lending |
| 15 U.S.C. ยง 1601 Truth in Lending |
| Plaintiff |
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Filing 7
PAPERLESS ORDER GRANTING #6 Unopposed Motion to Compel Arbitration and Stay Case.When presented with a motion to compel arbitration, a court must consider three factors: "(1) whether a valid agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3) whether the right to arbitrate was waived." Nat'l Auto Lenders, Inc. v. SysLOCATE, Inc., 686 F. Supp. 2d 1318, 1322 (S.D. Fla. 2010), aff'd, 433 F. App'x 842 (11th Cir. 2011) (citing Integrated Sec. Servs. v. Skidata, Inc., 609 F. Supp. 2d 1323, 1324 (S.D. Fla. 2009)). "A plaintiff challenging the enforcement of an arbitration agreement bears the burden to establish, by substantial evidence, any defense to the enforcement of the agreement." Inetianbor v. CashCall, Inc., 923 F. Supp. 2d 1358, 1362 (S.D. Fla. 2013) (citing Bess v. Check Express, 294 F.3d 1298, 1306-07 (11th Cir. 2002)).Upon review of the Motion and the record, the Court finds that a valid agreement to arbitrate exists, (see D.E. 6-1 at 8 para. 27); an arbitrable issue exists, (see Compl. paras. 20-35); and Defendants have not waived their right to arbitrate. Indeed, Plaintiff is unopposed to the motion to compel arbitration and has not argued, much less established by substantial evidence, any defense to the enforcement of the agreement. Accordingly, it is ORDERED AND ADJUDGED that:1. Defendants' Unopposed Motion to Compel Arbitration and Stay Case (D.E. #6 ) is GRANTED;2. Plaintiff is hereby ORDERED to submit this dispute to arbitration;3. All pending motions are DENIED AS MOOT; and4. This case is STAYED AND ADMINISTRATIVELY CLOSED pending the completion of arbitration.This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/21/2023. (gie)
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| Case Stayed. Per DE 7 Order. (ebz) |
| Filing 6 Unopposed MOTION to Compel Arbitration and Stay Case by CCAP Auto Lease, LTD.. Attorney Jason Richard Bowyer added to party CCAP Auto Lease, LTD.(pty:dft). Responses due by 3/6/2023 (Attachments: #1 Exhibit Lease, #2 Text of Proposed Order Proposed Order)(Bowyer, Jason) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jose Estevez. CCAP Auto Lease, LTD. served on 2/6/2023, response/answer due 2/27/2023. (Feygin, Joshua) |
| 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. (rbe) |
| Filing 3 Summons Issued as to CCAP Auto Lease, LTD. (rbe) |
| 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 Lauren F. Louis 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. (rbe) |
| Filing 1 COMPLAINT against CCAP Auto Lease, LTD.. Filing fees $ 402.00 receipt number AFLSDC-16294967, filed by Jose Estevez. (Attachments: #1 Summon(s) Summons, #2 Supplement Corporate Disclosure, #3 Civil Cover Sheet Civil Cover Sheet, #4 Exhibit Exhibit A)(Feygin, Joshua) |
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| Plaintiff: Jose Estevez | |
| Represented By: | Joshua E. Feygin |
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| Defendant: CCAP Auto Lease, LTD. A foreign corporation doing business as CHRYSLER CAPITAL | |
| Represented By: | Jason Richard Bowyer |
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