Garcia v. Wachovia Bank, N.A.

ORDER DENYING MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY IN FAVOR OF ARBITRATION

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court upon Defendants Wells Fargo Bank, N.A. (“Wells Fargo”) and Wachovia Bank, N.A.’s (‘Wachovia”) Motion to Dismiss or, in the Alternative, to Stay in Favor, of Arbitration (DE # 1384), filed ■ April 29, 2011. The Court is fully briefed in the matter and proceeds having had the benefit of oral argument.1 For the reasons stated below, the Court denies the motion as untimely and finds that Defendants waived their right to demand arbitration in…