Scherer v. Hyundai Capital America, Inc. ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 22-61014-CIV-DIMITROULEAS WILLIAM R. SCHERER, III, Plaintiff, vs. HYUNDAI CAPITAL AMERICA, INC., Defendant. ___________________________________/ ORDER ADOPTING AND APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; GRANTING DEFENDANT’S MOTION TO COMPEL ARBITRATION THIS CAUSE is before the Court upon Defendant Hyundai Capital America, Inc.’s Motion to Compel Arbitration, to Dismiss Case with Prejudice, and to Strike Class Allegations (the “Motion”) [DE 15] and the November 22, 2022 Report and Recommendation of United States Magistrate Judge Jared M. Strauss (the “Report”) [DE 26]. The Court notes that no objections to the Report [DE 26] 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 26] 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 26] 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 26] is hereby ADOPTED and APPROVED; 2. Defendant Hyundai Capital America, Inc.’s Motion to Compel Arbitration, to Dismiss Case with Prejudice, and to Strike Class Allegations [DE 26] is hereby GRANTED IN PART AND DENIED AS PART as follows: a. The Court hereby compels arbitration of this case (where the arbitrator shall decide all issues of arbitrability, including the availability of class arbitration); b. This action is hereby STAYED pending arbitration; c. 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 7th day of December, 2022. fl } “a 4 : “4 if % f ? f tne i ye Zo #4 v Paty 4 ‘4 ase Af CA MAGIA AYN GC VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of record