Warren v. Muggle Towing, LLC

District Court, E.D. Texas

Warren v. Muggle Towing, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00588 Veronica Warren, Plaintiff, V. Muggle Towing, LLC et al., Defendants. Before BARKER, District Judge ORDER Plaintiff filed a complaint alleging false imprisonment, vi- olations of various debt collection statutes, and violation of the Texas repossession statute. Doc. 1. Defendant Credit Ac- ceptance Corporation filed a motion to enforce arbitration and motion to dismiss. Doc. 9. All parties agree that arbitration is proper, but they disagree as to dismissal. Docs. 26, 27, 28, 29. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to

28 U.S.C. § 636

(b). On April 30, 2020, the magistrate judge issued a report, recommending that the action be compelled to arbitration pursuant to the parties’ arbitration agreement and that the ac- tion be stayed pending the results of arbitration. Doc. 30. No written objections have been filed. Here, there is no clear er- ror, and therefore, the magistrate judge’s report and recom- mendation is adopted as the opinion of the court. See Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1420

(5th Cir. 1996) (en banc) (cleaned up). The court grants defendant’s motion to compel arbitration and denies the motion to dismiss. Doc. 9. This action is stayed pending resolution of arbitration. All other pending motions are denied as moot.

So ordered by the court on May 21, 2020.

)! CAMPBELL BARKER United States District Judge

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Reference

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