United States District Court, W.D. Pennsylvania
September 20, 2005.
MARK B. ARONSON, Individually on behalf of All Persons Similarly Situated, Plaintiff,
CAPITAL ONE BANK, THE WESTMORELAND AGENCY, INC., Defendants.
The opinion of the court was delivered by: DAVID CERCONE, District Judge
AND NOW, this 20th day of September, 2005, after the
plaintiff, Mark B. Aronson, filed an action in the
above-captioned case, and after a Motion to Compel Arbitration
and Stay Action was submitted by defendants, Capital One Bank and
The Westmoreland Agency, Inc., and after a Report and
Recommendation was filed by the United States Magistrate Judge
granting the parties ten days after being served with a copy to
file written objections thereto, and no objections having been
filed, and upon independent review of the motion and the record,
and upon consideration of the Magistrate Judge's Report and
Recommendation, which is adopted as the opinion of this Court,
IT IS ORDERED that defendant's Motion to Compel Arbitration and
Stay Action [Docket No. 18] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the
Federal Rules of Appellate Procedure, if the plaintiff desires to
appeal from this Order he must do so within thirty (30) days by
filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
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