Glasel v. Office Depot, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO: 9:24-cv-80910-WPD
BRIANA GLASEL,
individually and on behalf of all
others similarly situated,
Plaintiff,
v.
OFFICE DEPOT, LLC,
Defendant.
______________________________/
ORDER APPROVING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE;
OVERRULING OBJECTIONS; DENYING DEFENDANTS’ MOTION TO COMPEL
THIS CAUSE is before the Court on Defendant Office Depot, LLC (“Defendant” or “Office
Depot”)’s Motion to Compel Arbitration and Stay Proceedings, filed December 15, 2025 [DE 41] and
United States Magistrate Judge Matthewman’s January 27, 2026 Report and Recommendation (the
“Report”) [DE 55]. The Court has conducted a de novo review of the Report, Defendant’s Objections
to the Report and Recommendation [DE 58], and is otherwise fully advised in the premises.
Having carefully considered Defendant’s Objections, and having reviewed the arguments and
relevant case law, the Court overrules the Objections. 	The Court agrees with the analysis and
conclusions set forth in Magistrate Judge Matthewman’s very thorough Report. Defendant’s conduct
in this case reflects that it “substantially invoked the litigation machinery” in a manner inconsistent with
its arbitration rights, thereby waiving arbitration. Gutierrez v. Wells Fargo Bank, NA, 889 F.3d 1230,
1236 (11th Cir. 2018).
Accordingly, it is ORDERED AND ADJUDGED as follows:
Case 9:24-cv-80910-WPD Document 60 Entered on FLSD Docket 02/12/2026 Page 1 of 2

1. 	The Report [DE 55] is hereby APPROVED;
2. 	Defendant’s Objections [DE 58] are OVERRULED;
3. 	Defendant’s Motion to Compel Arbitration and Stay Proceedings [DE 41] is hereby
DENIED.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this
12th day of February, 2026.
Copies to:
Counsel of record
Magistrate Judge Matthewman
Case 9:24-cv-80910-WPD Document 60 Entered on FLSD Docket 02/12/2026 Page 2 of 2