Aidaralieva v. KG Akron, LLC, et al.

5:25-cv-02006Ohnd16 dic 2025

Testo completo

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
Nazira Aidaralieva, 	) 	Case No. 5:25CV2006
)
)
Plaintiff, 	)
) 	JUDGE JOHN R. ADAMS
v. 	)
)
)
KG Akron, LLC, et al., 	) 	MEMORANDUM OF OPINION
) 	AND ORDER
)
Defendants. 	) 	(Resolves Doc. 11)
)
This matter comes before the Court on a stay this matter pending arbitration filed by
Defendant KG Akron, LLC, d/b/a/ Ken Ganley Toyota. Doc. 11. Plaintiff Nazira Aidaralieva has
not opposed the motion. The motion is GRANTED.
I. 	Facts
The complaint alleges that Aidaralieva purchased a 2021 Toyota Corolla from Ganley on
October 10, 2024 for a little over $25,000. The complaint further alleges that the vehicle had been
damaged in three prior incidents and had an open recall – none of which was disclosed at the time
of sale. The complaint further alleges that multiple defects arose in the vehicle shortly after the
purchase and that Ganley has been unable to remedy the defects. 	Based upon these facts,
Aidaralieva brought claims alleging violations of the Ohio Consumer Sales Practices Act, breach
of warranties, fraud, and violations of the Truth in Lending Act. 	Ganley moved to compel
arbitration arguing that the parties’ sale agreement included the following:
Case: 5:25-cv-02006-JRA Doc #: 15 Filed: 12/16/25 1 of 3. PageID #: <pageID>
Any claim or dispute, whether in contract, tort, statute, or otherwise (including the
interpretation and scope of this Arbitration Provision, and any allegation of waiver
of rights under this Arbitration Provision, and the arbitrability of the claim or
dispute), between you and us or our employees, agents, successors or assigns,
which arises out of or relates to your credit application, purchase or condition of
this Vehicle, the contract or any resulting transaction or relationship (including any
such relationship with third parties who do not sign this contract) shall, at your or
our election, be resolved by mutual, binding arbitration and not by court action.
Doc. 11-1 at 5.
II. 	Legal Standard
In reviewing the pending motion, this Court “must determine whether the dispute is
arbitrable, meaning that a valid agreement to arbitrate exists between the parties and that specific
dispute falls within the substantive scope of the agreement.” Landis v. Pinnacle Eye Care, LLC,
537 F.3d 559, 561 (6th Cir. 2008). The Court is mindful in its analysis that in passing the Federal
Arbitration Act (FAA), 9 U.S.C. § 1 et seq., Congress’s “preeminent concern” was to enforce
private agreements to arbitrate. See Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 221 (1985).
Furthermore, in resolving the issue, this Court must consider that there is “a liberal federal policy
favoring arbitration agreements, notwithstanding any state substantive or procedural policies to
the contrary.” Moses H. Cone Memorial Hosp. v. Mercury Const. Corp., 460 U.S. 1, 24 (1983).
III. 	Analysis
The plain language of the parties’ arbitration provision expressly covers claims arising
from the purchase and condition of the vehicle. Aidaralieva has offered no opposition to suggest
any theory that would take this matter outside of arbitration. 	Accordingly, the Court finds that
each of the claims against Ganley are subject to arbitration. To the extent that Aidaralieva has a
derivative liability claim against Defendant PNC Bank, that claim will also be stayed while
arbitration is completed with Ganley.
Case: 5:25-cv-02006-JRA Doc #: 15 Filed: 12/16/25 2 of 3. PageID #: <pageID>
IV. 	Conclusion
The motion to stay and compel arbitration is hereby GRANTED. The parties shall file
status reports every 90 days from the date of this order to apprise the Court of the status of the
arbitration proceeding. The parties shall also promptly file a notice at the conclusion of the
arbitration proceedings.
IT IS SO ORDERED.
Dated: December 16, 2025 	____/s/ Judge John R. Adams_______
JUDGE JOHN R. ADAMS
UNITED STATES DISTRICT COURT
Case: 5:25-cv-02006-JRA Doc #: 15 Filed: 12/16/25 3 of 3. PageID #: <pageID>

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