Briana Glasel, individually and on behalf of all others similarly situated v. Office Depot, LLC

Opinion

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: 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.

“4 if { FO etre zd VILLIAM P. DIMITROULEAS United States District Judge Copies to: Counsel of record Magistrate Judge Matthewman