Case Details

CourtNorthern District of Texas
Docket number3:12-cv-04292-L
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause28:1332 Diversity-Breach of Contract
Nature of suitContract: Other
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
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Short
Description
Long Description
212013-09-21 Order: The court accepts the magistrate judge's findings and conclusions. Accordingly, the court denies with prejudice Defendant's motion to dismiss, denies as moot Defendant's motion to compel arbitration, and denies the motion to st ay the proceedings. The court, however, does not agree with the magistrate judge's recommendation that the action be dismissed without prejudice. The court agrees that all claims are subject to arbitration. When a court determines that all claim s are subject to arbitration, dismissal of the action with prejudice is appropriate and within the court's discretion. See Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992). Therefore, the court dismisses this action with prejudice. (Ordered by Judge Sam A Lindsay on 9/20/2013) (cea)