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15-2822 - White et al v. Sierra Auto Financing LLC et al


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15-2822 - White et al v. Sierra Auto Financing LLC et al
April 21, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The undersigned recommends that the District Court DENY as moot Sierra's Rule 12(b)(5) Motion to Dismiss for Insufficient Service of Process [D.E. 7], DENY as moot Sierra's Motion for the Court's Abstention and Dismissal [D.E. 18], and GRANT Sierra's Supplemental Motion for the Court's Abstention and Dismissal [D.E. 29]. (see order) (Ordered by Magistrate Judge Paul D Stickney on 4/21/2016) (mcrd)
May 2, 2016
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ORDER ACCEPTING 36 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS THEREFORE ORDERED that Defendant Sierra Auto Finance, LLC's Rule 12(b)(5) Motion to Dismiss (doc. 7) for Insufficient Service of Process is DENIED as moot. Further, IT IS ORDERED that Defendant Sierra Auto Finance, LLC's Motion for the Court's Abstention and Dismissal (doc. 18) is DENIED as moot. Finally, IT IS ORDERED that Defendant Sierra Auto Finance, LLC's Supplemental Motion for the Court's Abstention and Dismissal (doc. 29) is GRANTED. (Ordered by Judge Jane J Boyle on 5/2/2016) (ran)
May 4, 2016
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Because Autohaus adopted a response that concedes that it had a contract with the Whites, and that contract had an arbitration clause, the undersigned recommends that the Whites' Application for Motion to Compel Arbitration (D.E. 13) be GRANTED in part. Central Autohaus & Roberts Group should be ordered to participate in arbitration with the Whites. However, the undersigned does not recommend that Sierra Auto Financing, LLC be compelled to arbitration because Sierra Auto Financing, LLC has been dismissed from this action. (Ordered by Magistrate Judge Paul D Stickney on 5/4/2016) (ran) Modified docket text on 5/5/2016 (bdb).
June 13, 2016
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ORDER ACCEPTING 39 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: IT IS ORDERED that Defendant Sierra Auto Finance, LLC's Rule 12(b)(5) Motion to Dismiss for Insufficient Service of Process is GRANTED in part. IT IS FURTHER ORDERED that Central Autohaus & Roberts Group shall participate in arbitration with the Whites. (Ordered by Judge Jane J Boyle on 6/13/2016) (bdb)