Eugene v. GoodLeap, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 23-61463-CIV-DIMITROULEAS EDWIDG EUGENE, Plaintiff, v. MODERN CONCEPTS CONSTRUCTION, LLC, MODERN CONCEPTS SOLAR AND ROOFING, INC., and GOODLEAP LLC, Defendants. _____________________________________/

ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; GRANTING DEFENDANT GOODLEAP’S MOTION TO COMPEL ARBITRATION; STAYING CLAIMS AS TO DEFENDANT GOODLEAP THIS CAUSE is before the Court upon Defendant GoodLeap, LLC (“GoodLeap”)’s Amended Motion to Dismiss and to Compel Arbitration, filed August 15, 2023 [DE 9] and the September 22, 2023 Report and Recommendation of Magistrate Judge Panayotta Augustin-Birch (the “Report”) [DE 28]. The Court notes that no objections to the Report [DE 28] 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 28] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993).

Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 28] 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 28] is hereby ADOPTED and APPROVED; 2. Defendant GoodLeap’s Motion to Dismiss and to Compel Arbitration [DE 9] is hereby GRANTED IN PART AND DENIED AS PART as follows: a. Plaintiff Edwidg Eugene is hereby COMPELLED to arbitrate his claims against Defendant GoodLeap. b. GoodLeap’s request for dismissal is DENIED. c. This case is STAYED as to Defendant GoodLeap ONLY pending arbitration. d. This case remains open and pending as to the remaining Defendants.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 10th day of October, 2023.

; □□ | a (i 2 : “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