Langston v. Strike Acceptance Incorporated

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Earl J Langston,
Plaintiff,
v.
Strike Acceptance Incorporated, et al.,
Defendants.
No. CV-25-00536-TUC-JCH (MAA)
ORDER
Before the Court are two Reports and Recommendations (“R&Rs”) issued by
Magistrate Judge Michael A. Ambri. The first R&R (Doc. 34) recommends granting
Defendant Strike Acceptance Incorporated’s Motion to Compel Arbitration and Stay
Proceedings (Doc. 29). The second R&R (Doc. 32) recommends granting Defendant Trans
Union LLC’s Motion to Dismiss for Failure to State a Claim (Doc. 28). Neither party
objected to either R&R. See generally Docket.
A district court reviews objected-to portions of an R&R de novo. 28 U.S.C.
§ 636(b)(1); see also Fed. R. Civ. P. 72(b); United States v. Remsing, 874 F.2d 614, 617
(9th Cir. 1989). Failure to timely object may be considered a waiver of a party’s right to de
novo consideration of the issues. See United States v. Reyna-Tapia, 328 F.3d 1114,
1121–22 (9th Cir. 2003) (en banc). The Court reviews for clear error any unobjected-to
portions of the R&R. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
After independent review, the Court finds no clear error in either R&R. As to Strike
Acceptance, the record plainly establishes that Plaintiff entered into a written agreement
Case 4:25-cv-00536-JCH-MAA Document 35 Filed 10/07/26 Page 1 of 3

- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
containing an arbitration provision permitting either party to elect binding arbitration of
disputes arising from the agreement. Doc. 29 at 2. The Magistrate Judge correctly
concluded that the arbitration agreement is enforceable and that Plaintiff’s claims against
Strike Acceptance fall within its scope. Doc. 34 at 2–4. Because Strike Acceptance
requested a stay pending arbitration, the Federal Arbitration Act requires the Court to stay
the proceedings pending completion of arbitration. 9 U.S.C. § 3; Smith v. Spizzirri, 601
U.S. 472, 478 (2024).
As to Trans Union, Plaintiff’s claims rest on his allegation that Strike Acceptance
lacked lawful authority to enforce or report the underlying debt. Doc. 14 at 4–7. As
explained in the R&R, that allegation presents a legal dispute concerning the validity of
the debt rather than a cognizable factual inaccuracy in Plaintiff’s credit report. Doc. 32 at
3–4. The Court agrees that Plaintiff has failed to state a claim against Trans Union and that
further amendment would be futile.
Accordingly,
IT IS ORDERED ADOPTING in full the R&R concerning Defendant Strike
Acceptance Incorporated’s Motion to Compel Arbitration and Stay Proceedings (Doc. 34).
IT IS FURTHER ORDERED GRANTING Defendant Strike Acceptance
Incorporated’s Motion to Compel Arbitration and Stay Proceedings (Doc. 29).
IT IS FURTHER ORDERED that Plaintiff and Defendant Strike Acceptance
Incorporated shall proceed to arbitration in accordance with their arbitration agreement.
IT IS FURTHER ORDERED ADOPTING in full the R&R concerning
Defendant Trans Union LLC’s Motion to Dismiss (Doc. 32).
IT IS FURTHER ORDERED GRANTING Defendant Trans Union LLC’s
Motion to Dismiss (Doc. 28). Plaintiff’s claims against Trans Union LLC are dismissed
without leave to amend.
IT IS FURTHER ORDERED DIRECTING the Clerk of Court to terminate Trans
Union LLC as a defendant in this action.
///
Case 4:25-cv-00536-JCH-MAA Document 35 Filed 10/07/26 Page 2 of 3

- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IT IS FURTHER ORDERED STAYING this action pending completion of
arbitration.
IT IS FINALLY ORDERED that the parties shall notify the Court within fourteen
(14) days after arbitration concludes and advise the Court whether any further proceedings
are necessary.
Dated this 6th day of October, 2026.
Case 4:25-cv-00536-JCH-MAA Document 35 Filed 10/07/26 Page 3 of 3