Hurt v. Comenity Capital Bank

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JOHN HURT
v.
COMENITY CAPITAL BANK
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CIVIL NO. 4:25-CV-00555-SDJ-BD
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in
this action, this matter having been heretofore referred to the Magistrate Judge
pursuant to 28 U.S.C. § 636. On December 29, 2025, the Magistrate Judge entered
proposed findings of fact and a recommendation (the “Report”), (Dkt. #41), that
Defendant Comenity Capital Bank’s (“Defendant”) Second Motion to Compel
Arbitration, (Dkt. #30), be granted. Plaintiff John Hurt (“Plaintiff”) filed Objections,
(Dkt. #42, #43), to the Report.
The Court conducted a de novo review of the Objections and the portions of the
Report to which Plaintiff specifically objects, and the Court is of the opinion that the
findings and conclusions of the Magistrate Judge are correct and that the Objections
are without merit as to the ultimate findings of the Magistrate Judge. The Court
hereby adopts the findings and conclusions of the Magistrate Judge as the findings
and conclusions of the Court.
IT IS ORDERED that the Second Motion to Compel Arbitration, (Dkt. #30),
is GRANTED; the First Motion to Compel Arbitration, (Dkt. #7), is DISMISSED as
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moot; the case is STAYED pending arbitration; all other pending motions are
DENIED WITHOUT PREJUDICE; and the parties must notify the Court of the
outcome of arbitration no later than 30 days after its completion.
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