STEVENSON v. FUNNY TIME, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 24-60408-CIV-DIMITROULEAS NATALIE STEVENSON on behalf of herself and others similarly situated, Plaintiff, vs. FUNNY TIME, INC, D/B/A GOLD CLUB POMPANO, a Florida Profit Corporation, and MICHAEL TOMKOVICH, in his individual Capacity, Defendants. ___________________________________/

OMNIBUS ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; DENYING DEFENDANTS’ MOTION TO COMPEL ARBITRATION; GRANTING PLAINTIFF’S MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF ARBITRATION PROCEEDINGS

THIS CAUSE is before the Court upon Defendants’ Amended Motion to Compel Arbitration and Dismiss Complaint [DE 24], Plaintiff’s Motion to Stay Proceedings Pending Resolution of Arbitration Proceedings or in the Alternative Plaintiff’s Response to Defendants’ Motion to Dismiss [DE 26], and the August 22, 2024 Report and Recommendation of United States Magistrate Judge Patrick M. Hunt (the “Report”) [DE 32]. The Court notes that no objections to the Report [DE 32] 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 24] 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 32] 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 32] is hereby ADOPTED and APPROVED; 2. Defendants’ Amended Motion to Compel Arbitration and Dismiss Complaint [DE 24] is DENIED; 3. Plaintiff's Motion to Stay Proceedings Pending Resolution of Arbitration Proceedings or in the Alternative Plaintiff's Response to Defendants’ Motion to Dismiss [DE 26] is GRANTED; 4. The parties are hereby COMPELLED to arbitrate the claims Plaintiff pled in the Complaint; 5. This action is hereby STAYED pending arbitration; 6. 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 5th day of September, 2024.

fl } i wa 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 Magistrate Judge Hunt