JOHN McBRYDE, United States District Court
Came on for consideration the motion of defendant, Rent-A-Center, Inc., to dismiss or, in the alternative, to stay proceedings and compel arbitration. The court, having considered the motion, the response of plaintiffs Jason Murphy ("Murphy") and Richard Botello ("Botello"), the record, and applicable authorities, finds that the motion should be granted. The record reflects that Murphy and Botello each executed arbitration agreements pursuant to which they agreed to arbitrate any claims against defendant. The claims asserted in this action are subject to the arbitration agreements. Given that the claims the subject of the motion are subject to arbitration, the action as to these plaintiffs will be dismissed. See Fedmet Corp. v. M/V Buyalyk, 194 F.3d 674, 677-78 (5th Cir. 1999). Although Murphy argues that the cost of arbitration may effectively prevent him from vindicating his rights, there is no evidence as to what the costs might be. Just as speculative is the argument that sufficient discovery will not be available through the arbitration process.
The court notes that defendant seeks attorney's fees and costs for the filing of the motion to dismiss. The court is not persuaded that such an award should be made.
The court ORDERS that defendant's motion to dismiss be, and is hereby, granted and that the claims of Murphy and Botello be, and are hereby, dismissed so that those plaintiffs may pursue arbitration of their claims. The court further ORDERS that defendant's request for costs and reasonable attorney's fees be, and is hereby, denied.
The court determines that there is no just reason for delay in, and hereby directs, entry of final judgment as to the dismissal of the claims of Murphy and Botello.