Premier Paint & Drywall, Inc. v. Designed To Build, LLC (JOINT ASSIGN)(MAG2), No. 2:2018cv00155 - Document 21 (M.D. Ala. 2018)

Court Description: OPINION AND ORDER directing as follows: (1) the 20 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) the 6 MOTION to Dismiss or Stay the case and Compel Arbitration is granted only to the extent that this case is stayed p ending arbitration of this matter pursuant to the arbitration provision of the parties' contract (doc. no. 6 -1), and is denied in all other respects; (3) The parties shall file a joint status report regarding the status of the arbitration pro cess everyninety days from today and upon completion of the arbitration process; (4) this case is administratively closed pending the completion of arbitration. Signed by Honorable Judge Myron H. Thompson on 6/22/18. (Attachments: # 1 civil appeals checklist)(djy, )

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Premier Paint & Drywall, Inc. v. Designed To Build, LLC (JOINT ASSIGN)(MAG2) Doc. 21 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION PREMIER PAINT & DRYWALL, INC., Plaintiff, v. DESIGNED TO BUILD, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:18cv155-MHT (WO) OPINION AND ORDER This case is before the court on the recommendation of the United States Magistrate Judge that defendant’s motion to dismiss or to stay the proceedings and compel arbitration should be granted to the extent that the case should be stayed to allow the parties to proceed with arbitration, but should be denied in all other respects. The magistrate judge further recommends that the parties be ordered to file status reports regarding the arbitration. recommendation. There are no objections to the Upon an independent and de novo review Dockets.Justia.com of the record, the court concludes that the recommendation should be adopted. Accordingly, it is ORDERED as follows: (1) The recommendation of the United States Magistrate Judge (doc. no. 20) is adopted. (2) The motion to dismiss or stay the case and compel arbitration (doc. no. 6) is granted only to the extent that this case is stayed pending arbitration of this matter pursuant to the arbitration provision of the parties’ contract (doc. no. 6-1), and is denied in all other respects. (3) The parties shall file a joint status report regarding the status of the arbitration process every ninety days from today and upon completion of the arbitration process. (4) This case is administratively closed pending the completion of arbitration. DONE, this the 22nd day of June, 2018. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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