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16-283 - McCants v. CitiFinancial Servicing, LLC et al


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16-283 - McCants v. CitiFinancial Servicing, LLC et al
February 23, 2017
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REPORT AND RECOMMENDATIONS: It is recommended Plaintiff McCantss motion to strike, Doc. 17, be DENIED, and Defendants motion to compel arbitration, Doc. 12, be GRANTED IN PART AND DENIED IN PART. The Plaintiff should be required to arbitrate the issues raised in her Complaint but the motion to dismiss her claims with prejudice should be denied. This matter should be STAYED and the parties directed to provide periodic reports on the status of the arbitration proceedings as set out. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge William E. Cassady on 2/23/2017. (srd)
April 5, 2017
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ORDER adopting the 27 Report and Recommendation. The 17 Motion to Strike is denied. The 12 Motion to Compel Arbitration is granted in part denied in part. The motion is granted as to an order compelling arbitration, but denied as to dismissal of plaintiff's claims. This action is REFERRED to Arbitration and STAYED. Defendants are ordered to file a status report by 5/4/2017 and by the first Thursday of each month. Signed by District Judge William H. Steele on 4/5/2017. (tgw)