UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FT. LAUDERDALE DIVISION

CASE NO. 0:22-CV-62090-KMW

CHRISTOPHER ALLEN ROLDAN,

Plaintiff,

v.

CORAL SPRINGS HONDA

d/b/a PAGE BROTHERS ASSOCIATES, INC.,

Defendant.

/

DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT, 

COMPEL ARBITRATION, STAY DISCOVERY

& INCORPORATED MEMORANDUM OF LAW

Defendant, CORAL SPRINGS HONDA d/b/a PAGE BROTHERS 

ASSOCIATES, INC. (“Defendant”), by and through undersigned counsel, hereby 

files its Motion to Dismiss Plaintiff’s Complaint, Compel Arbitration, Stay 

Discovery and Incorporated Memorandum of Law, and in support thereof, states the 

following:

I. PRELIMINARY STATEMENT

Plaintiff has filed the instant lawsuit for an alleged violation of the Federal 

Consumer Leading Act pursuant to 15 U.S.C. § 1667a. Within the Complaint, 

Plaintiff alleges Defendant did not properly disclose certain fees associated with the 

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Roland v. Coral Springs Honda d/b/a Page Brothers Associates, Inc.

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“purchase option” set forth in Plaintiff’s Vehicle Lease Agreement, which he entered 

into with Defendant on or about June 5, 2019. Defendant moves to dismiss this 

action because the governing Vehicle Lease Agreement expressly requires that 

Plaintiff’s claims be resolved solely through Arbitration. Accordingly, Defendant 

also moves this Court to compel arbitration and stay discovery pending the outcome 

of arbitration.

II. PERTINENT FACTS

1. On or about June 5, 2019, Plaintiff entered into a Closed-End Vehicle Lease 

Agreement (“Lease Agreement”) with Defendant, wherein Plaintiff leased a 2019 

Honda Accord.

2. Section 52 of the Lease Agreement (attached to Plaintiff’s Complaint) 

provides the following:

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3. As shown within the Lease Agreement, Plaintiff agreed that “any claim” he 

may have with respect to the Lease “must be resolved through binding arbitration.”

4. Additionally, Plaintiff agreed to “waive the right” to have his dispute “heard 

in court.”

III. MEMORANDUM OF LAW AND LEGAL ARGUMENT

When deciding whether to grant a motion the court must accept “the complaint's 

allegations as true and constru[e] them in the light most favorable to the plaintiff.”

Castillo v. Allegro Resort Mktg., 603 F. App’x 913, 915 (11th Cir. 2015) (quoting 

Chaparro v. Carnival Corp., 693 F.3d 1333, 1335 (11th Cir. 2012)). “A court is 

generally limited to reviewing what is within the four corners of the complaint on a 

motion to dismiss.” Austin v. Modern Woodman of Am., 275 F. App’x 925, 926 (11th 

Cir. 2008) (quoting Bickley v. Caremark RX, Inc., 461 F.3d 1325, 1329 n.7 (11th 

Cir.2006)). This includes attachments or exhibits provided with the complaint. See 

Gill as Next Friend of K.C.R. v. Judd, 941 F.3d 504, 511 (11th Cir. 2019) (“The 

Civil Rules provide that an attachment to a complaint generally becomes ‘part of the 

pleading for all purposes,' Fed. R. Civ. P. 10(c), including for ruling on a motion to 

dismiss.”); Hoefling v. City of Miami, 811 F.3d 1271, 1277 (11th Cir. 2016) (noting 

that attached exhibits to a complaint can be considered on a motion to dismiss). 

“[W]hen exhibits attached to a complaint 'contradict the general and conclusory 

allegations of the pleading, the exhibits govern.'” Gill, 941 F.3d at 514.

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When a party moves to compel arbitration, the Federal Arbitration Act states that 

“[t]he court shall hear the parties, and upon being satisfied that the making of the 

agreement for arbitration or the failure to comply therewith is not in issue . . . shall 

make an order directing the parties to proceed to arbitration in accordance with the 

terms of the agreement.” 9 U.S.C. § 4 (emphasis added). The determination of 

whether parties have agreed to submit a dispute to arbitration is an issue of law 

subject to judicial resolution. See Granite Rock Co. v. Int’l Bhd. of Teamsters, 561 

U.S. 287, 296, 130 S. Ct. 2847, 177 L. Ed. 2d 567 (2010). A motion to compel 

arbitration is generally treated as a motion to dismiss for subject matter jurisdiction 

pursuant to Federal Rule of Civil Procedure 12(b)(1). Owings v. T-Mobile USA, Inc., 

978 F. Supp. 2d 1215, 1222 (M.D. Fla. 2013). Motions to dismiss based on subject 

matter jurisdiction come in two forms, facial attacks and factual attacks. Lawrence 

v. Dunbar, 919 F.2d 1525, 1528-29 (11th Cir. 1990). A facial attack looks to the four 

corners of the complaint to consider whether subject matter jurisdiction is 

sufficiently alleged. Id. at 1529. The allegations of the Complaint are accepted as 

true for purposes of the motion to dismiss. Id. A factual attack relies on matters 

outside the pleadings, such as testimony or affidavits. Id. 

In the case at hand, it is facially clear from the written and fully executed 

Lease Agreement that Plaintiff agreed to submit to arbitration. Notably, Plaintiff 

attached to his Complaint the very Lease Agreement wherein Plaintiff agreed to 

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Roland v. Coral Springs Honda d/b/a Page Brothers Associates, Inc.

CASE NO. 022:CV-62090-KMW

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resolve any and all claims relevant to the Lease by way of arbitration. To date, there 

is nothing within the four corners of the Complaint and the exhibit thereto (i.e., the 

Lease Agreement) which contradicts or refutes the fact that Plaintiff agreed to 

resolve all claims under the lease via Arbitration. Moreover, the issue at hand –

whether Defendant failed to properly disclose all purchase option fees in 

accordance with 15 U.S.C 1667a – is clearly an arbitrable issue.

In conclusion, Plaintiff’s Complaint should be dismissed, arbitration should 

be compelled, and any and all discovery should be stayed pending this Court’s 

decision as it relates to arbitration.

WHEREFORE, Defendant, CORAL SPRINGS HONDA d/b/a PAGE 

BROTHERS ASSOCIATES, INC., respectfully requests that this Court enter an 

order granting Defendant’s Motion to Dismiss Plaintiff’s Complaint, Compel 

Arbitration, and Stay Discovery, and any other further relief this Court deems just 

and proper under the circumstances.

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Local Rule 7.1(A)(3) Certificate of Good Faith Conference

Prior to filing the instant Motion, on January 20, 2023 and January 23, 2023,

the Defendant, through the undersigned counsel, conferred with Plaintiff’s counsel

regarding the instant Motion and relief sought herein. 

Dated: January 23, 2023

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was 

furnished via CM/ECF and/or electronic mail on January 23, 2023 to all counsel of 

record on the below Service List.

BOYD RICHARDS PARKER & COLONNELLI, PL

Counsel for CORAL SPRINGS HONDA

100 SE 2nd Street, Suite 2600

Miami, Florida 33131

Tel: 786-425-1045

Fax : 786-425-3905

Servicemia@boydlawgroup.com

By__Alexa Bontkowski______

 MICHELLE BARTON-KING, ESQ.

 Florida Bar No.: 163521

 mking@boydlawgroup.com

 ALEXA BONTKOWSKI, ESQ.

 Florida Bar No.: 124612

 abontkowski@boydlawgroup.com

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SERVICE LIST

Attorneys for Plaintiff:

Joshua E. Feygin, Esq.

SUE YOUR DEALER, A LAW FIRM

Email: Josh@Feyginesq.com 

Darren R. Newhart, Esq.

NEWHART LEGAL, P.A.

Email: Darren@newhartlegal.com

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