Whaley v. T-MOBILE, USA, Inc. - Document 18

Court Description:

ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Mag Judge's R&R 17 is ADOPTED as Opinion of the Court; 2) Def's Motion to Compel Arbitration 8 is GRANTED; 3) Ptff is ORDERED to submit to arbitration as required by the Arbitration Policy; 4) This matter is STAYED pending arbitration. Parties shall file a status report 30 days from arbitrator's final decision. Signed by Judge David L. Bunning on 9/12/2013.(TJZ)cc: COR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON CIVIL ACTION NO. 13-31-DLB-JGW JAMES WHALEY vs. PLAINTIFF ORDER ADOPTING REPORT & RECOMMENDATION T-MOBILE, USA, INC. DEFENDANT *** *** *** *** This matter is before the Court upon the Magistrate Judge’s Report and Recommendation (Doc. # 17), wherein he recommends that the Court grant Defendant’s Motion to Compel Arbitration (Doc. # 8). The Magistrate Judge’s recommendation is based on his conclusion that Plaintiff entered an agreement to arbitrate his Telephone Consumer Protection Act claim brought in the above-styled matter by agreeing to an arbitration clause in a set of terms and conditions proposed by Defendant T-Mobile, USA, Inc.. No objections having been filed to the Magistrate Judge’s Report and Recommendation, and the time to do so having now expired, the matter is ripe for the Court’s review. Having reviewed the Report and Recommendation, and concluding that it is sound in all respects, and the Court being otherwise sufficiently advised, IT IS ORDERED as follows: (1) The Magistrate Judge’s Report and Recommendation (Doc. # 17) is hereby ADOPTED as the Opinion of the Court; 1 (2) Defendant’s Motion to Compel Arbitration (Doc. # 8) is hereby GRANTED; (3) Plaintiff is hereby ORDERED to submit to arbitration as required by the Arbitration Policy; and (4) This matter is hereby STAYED pending arbitration. The parties shall file a joint status report within thirty (30) days from the arbitrator’s final decision advising the Court of the outcome of the arbitration. This 12th day of September, 2013. G:\DATA\ORDERS\Cov13\13-31 Order adopting R&R on D's motion to compel arbitration.wpd 2