Harris v. Tucker Entertainment LLC et al, No. 3:2020cv00651 - Document 15 (N.D. Tex. 2020)
Court Description: Order Accepting 14 Findings and Recommendations and granting 8 Defendants' MOTION to Dismiss and Compel Arbitration. (Ordered by Judge Sam A. Lindsay on 10/29/2020) (chmb)
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Harris v. Tucker Entertainment LLC et al Doc. 15 Case 3:20-cv-00651-L Document 15 Filed 10/29/20 Page 1 of 2 PageID 141 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ANGELA HARRIS, Plaintiff, v. TUCKER ENTERTAINMENT, LLC d/b/a DALLAS CABARET-SOUTH; and DOUGLAS ERNEST, Defendants. § § § § § § § § § § Civil Action No. 3:20-CV-651-L ORDER Before the court is Defendants’ Motion to Dismiss and/or Stay All Proceedings and Compel Arbitration (“Motion”) (Doc. 8). On October 6, 2020, the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) (Doc. 14) was entered, recommending that the court grant Defendants’ Motion to the extent they seek to compel arbitration. The magistrate judge further recommends that the court grant Defendants’ request to dismiss this action with prejudice, as all of claims must be arbitrated. No objections to the Report were filed. Having reviewed the Motion, briefs, evidence, file, record in this case, and Report, the court determines that the findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. The court, therefore, grants Defendants’ Motion (Doc. 8) to the extent they seek to compel arbitration and dismiss, rather than stay, this action, and dismisses with prejudice this action. Defendants’ request in the alterative to stay this action pending arbitration is denied as moot. If Plaintiff wishes to pursue her claims against Defendants, she must do so in arbitration in accordance with the Arbitration Provision in the Licensing Agreement. Order – Page 1 Dockets.Justia.com Case 3:20-cv-00651-L Document 15 Filed 10/29/20 Page 2 of 2 PageID 142 It is so ordered this 29th day of October, 2020. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2
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