BEILER v. FIFTH THIRD BANK
| PAMELA F. BEILER |
| FIFTH THIRD BANK |
| FIFTH THIRD BANK |
| PAMELA F. BEILER |
| 1:2013cv00867 |
| September 30, 2013 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Orange |
| JOI ELIZABETH PEAKE |
| JAMES A. BEATY |
| Other Statutory Actions |
| 47 U.S.C. ยง 0227 |
| Plaintiff |
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| Document Text |
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Filing
38
MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 06/20/2014, that for the reasons stated, the court finds that Fifth Third's fraud and negligent misrepresentation claims are covered by the Credit Card Agreement's arbitration clause. IT IS THEREFORE ORDERED as follows: 1. Foster's motion to dismiss, stay, and to compel arbitration (Doc. 20 ) is GRANTED IN PART AND DENIED IN PART. Fifth Third's fraud and negligent misrepresentation cl aims against Foster shall be arbitrated. Pursuant to 9 U.S.C. § 3, the remaining claims in this case will be STAYED pending arbitration, and the motions to dismiss by Beiler and Foster (Docs. 20 and 25 ) will be DENIED WITHOUT PRE JUDICE to being renewed following the resolution of the arbitration. 2. The original motions filed by Beiler and Foster (Docs. 10 , 12 ) are DENIED AS MOOT. 3. Foster's motion to participate in electronic filing (Doc. 19 ) is GRANTED. 4. The parties shall file a joint report of arbitration every ninety (90) days. Failure to file such reports may result in dismissal of the action. (Taylor, Abby)
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