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BIG CITY, SMALL WORLD BAKERY CAFE, LLC, Plaintiff, v. FRANCIS DAVID CORPORATION d/b/a ELECTRONIC MERCHANT SYSTEMS, Defendant.

Hon. Gerald E. Rosen

Hon. Gerald E. Rosen

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION TO DISMISS OR STAY PROCEEDINGS PENDING ARBITRATION AS MOOT

At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on January 6, 2017 PRESENT: Honorable Gerald E. Rosen United States District Judge

This matter having come before the Court on the November 22, 2016 Report and Recommendation of United States Magistrate Judge David R. Grand recommending that Defendant's Motion to Dismiss or Stay Proceedings Pending Arbitration be denied as moot; and no timely objections to the Magistrate Judge's Report and Recommendation having been filed; and the Court being otherwise fully advised in the premises,

NOW, THEREFORE,

IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of November 22, 2016 [Dkt. # 28] is adopted by the Court. Accordingly, for the reasons stated by the Magistrate Judge,

IT IS FURTHER ORDERED that Defendant's Motion to Dismiss or Stay Proceedings Pending Arbitration [Dkt. # 9] is denied as MOOT.

s/Gerald E. Rosen


United States District Judge Dated: January 6, 2017 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 6, 2017, by electronic and/or ordinary mail.

s/Julie Owens


Case Manager, (313) 234-5135

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Big City, Small World Bakery Cafe, LLC v. Francis David Corp.
(Jan 6, 2017)