Cause No. IP 02-0287-C-B/S
20, 2003 february
Clifford W Shepard, Indianapolis, IN.
Curtis W McCauley, Indianapolis, IN.
ENTRY ON MOVEMENT TO REMAIN AND COMPEL ARBITRATION
SARAH EVANS BARKER, Judge
Plaintiff, Paul Conner, on the part of himself and wanting to express others similarly situated, sues Defendants Instant Cash Advance (“Instant Cash”), David Klain, Sarann Warner and Howard Howe beneath the Racketeer Influenced and Corrupt businesses Act (“RICO”), 18 U.S.C. В§ 1961, et. seq., the Fair Debt Collection techniques Act (“FDCPA”), 15 U.S.C. В§ 1692, et. seq., and particular conditions associated with Indiana Code. Those things of which complains that are plaintiff from Defendants’ issuance of and attempts to get on “payday loans,” as well as on checks tendered as repayment on loan agreements at the mercy of the Indiana Uniform credit Code (“IUCCC”), Ind. Code В§В§ 24-4.5-1-1, et. seq. Our jurisdiction is launched in 28 U.S.C. В§ 1331, as a number of Plaintiff’s claims arise under RICO additionally the FDCPA.
The validity and enforceability of which he now contests at the same time he signed the loan contracts now at issue, Plaintiff signed arbitration provisions. On June 28, 2002, Defendants immediate cash, David Klain and Sarann Warner relocated this Court to stay the procedures as to Plaintiff’s claims against them, and compel arbitration in conformity utilizing the terms of the events’ contract. For the reasons stated below, the Court GRANTS Defendants’ motion. The procedures will soon be remained pending the results of arbitration according to the events’ contract. […]