UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

GREGORY B. MYERS,

Plaintiff, Case No.: 2:24-CV-235-JES-KCD v.

CITY OF NAPLES, FLORIDA, NAPLES PROPERTY HOLDING COMPANY, LLC,

Defendants, /

ORDER Plaintiff Gregory Myers seeks an order sending this dispute to arbitration and staying the case. (Doc. 50.)1 Defendant Naples Property Holding Company, LLC has responded in opposition (Doc. 52), making this matter ripe. For the reasons below, the motion is DENIED. Arbitration is simply a matter of contract. “[I]t is a way to resolve those disputes—but only those disputes—that the parties have agreed to submit to arbitration.” First Options of Chicago, Inc. v. Kaplan,

(1995). Because arbitration requires consent, a court presented with a motion to compel arbitration must assess three factors: (1) whether a valid agreement to arbitrate exists, (2) whether an arbitrable issue exists, and (3)

1 Unless otherwise indicated, all internal quotation marks, citations, and alterations have been omitted in this and later citations. whether the right to arbitrate was waived. See Abellard v. Wells Fargo Bank, N.A., No. 19-CV-60099,

, at *2 (S.D. Fla. May 14, 2019).

“The court must grant a motion to compel arbitration if it is satisfied that the parties agreed to arbitrate the claims at issue.” Nat’l Auto Lenders, Inc. v. SysLOCATE, Inc.,

(S.D. Fla. 2010). The problem with Plaintiff’s motion is simple—there are no “claims at issue.”

The Court dismissed Plaintiff’s complaint several weeks ago. (See Doc. 44.) And while he was given leave to amend, that has not happened. Without an operative complaint to compare with the alleged arbitration agreement, the Court cannot assess if arbitration is proper. See Caley v. Gulfstream

Aerospace Corp.,

(11th Cir. 2005) (“[P]arties are required to arbitrate covered claims, [but] neither is required to arbitrate non-covered claims.”); see also CIBC Bank USA v. ISI Sec. Grp., Inc., No. SA-18-CV- 00462-JKP,

, at *4 (W.D. Tex. May 21, 2020) (denying

motion to compel arbitration where “there are no live claims to compel to arbitration”). Any other result would amount to “an impermissible advisory opinion on [an] abstract proposition of law.” In re Checking Acct. Overdraft Litig.,

(11th Cir. 2015).

Accordingly, Plaintiff’s Motion to Compel Arbitration (Doc. 50) is DENIED WITHOUT PREJUDICE. ORDERED in Fort Myers, Florida on October 28, 2024.

L fe LeZT □□ Wie C. Dudek” United States Magistrate Judge