UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 0:23-cv-61308-WPD CARLOS NOEL MENDEZ and MAGIC CITY ENTERTAINMENT, LLC,

Plaintiffs

vs.

GREICO CHEVROLET FORT LAUDERDALE, LLC d/b/a GRIECO CHEVROLET OF FORT LAUDERDALE,

Defendant. _________________________________________/

ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; GRANTING DEFENDANT’S MOTION TO COMPEL ARBITRATION; STAYING ACTION

THIS CAUSE is before the Court upon Defendant Greico Chevrolet’s Motion to Compel Binding Arbitration, filed August 24, 2023 [DE 13] and the September 18, 2023 Report and Recommendation of Magistrate Judge Panayotta Augustin-Birch (the “Report”) [DE 17]. The Court notes that no objections to the Report [DE 17] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 17] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger,

(11th Cir. 1988), cert. denied,

(1988); RTC v. Hallmark Builders, Inc.,

(11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 17] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 17] is hereby ADOPTED and APPROVED; 2. Defendant Greico Chevrolet’s Motion to Compel Binding Arbitration [DE 13] is hereby GRANTED IN PART AND DENIED AS PART as follows: a. The parties are hereby COMPELLED to arbitrate the claims Plaintiffs pled in the Complaint. b. Defendant’s request for the case to be dismissed with prejudice is DENIED. c. This action is hereby STAYED pending arbitration. d. Defendant’s request for an enlargement of time to file a Motion to Dismiss if the parties are not compelled to arbitrate is DENIED AS MOOT. e. The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case and DENY AS MOOT any pending motions. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 3rd day of October, 2023.

fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA xe KN VIGVAML-] VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of Record