24 Hour Fitness USA Incorporated v. Decker

Filing 26

ORDER denying 23 petitioner's Motion to Strike and denying 23 petitioner's Motion to extend its deadline to file a reply. IT IS FURTHER ORDERED DISMISSING petitioner's petition to compel arbitration (Doc. 1). The clerk shall enter final judgment. Signed by Judge Frederick J Martone on 5/16/12.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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24 Hour Fitness USA, Inc.,
Petitioner,

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vs.

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Edward Yong,
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Respondent.
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24 Hour Fitness USA, Inc.,
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Petitioner,
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vs.
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Robert Decker,
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Respondent.
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No. CV 11-02426-PHX-FJM
No. CV 11-02417-PHX-FJM
ORDER

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We have before us two nearly identical cases and pending motions. In case number

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CV 11-02426, we have before us petitioner's motion to strike the response of Edward Yong

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opposing petition to compel arbitration and extend petitioner's deadline to file reply brief

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(doc. 16) and respondent's response (doc. 18). In case number CV 11-02417, we have

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petitioner's motion to strike the response of Robert Decker opposing petition to compel

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arbitration and extend petitioner's deadline to file reply brief (doc. 23) and respondent's

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response in opposition (doc. 24).

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Respondents filed competing petitions to compel arbitration in the United States

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District Court for the Northern District of California one day before petitioner filed its

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petitions here. Respondents now inform us that a special master has recommended that all

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arbitrations proceed in the Northern District of California and petitions filed elsewhere by

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petitioner, including the ones in these cases, be stayed.

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Under the first-to-file rule, we may "decline jurisdiction over an action when a

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complaint involving the same parties and issues has already been filed in another district."

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Pacesetter Sys., Inc. v. Medtronic, Inc., 678 F.2d 93, 95 (9th Cir. 1982). These petitions are

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duplicative of the earlier-filed actions and unnecessary. Respondents are willing to arbitrate

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their disputes with petitioner, as shown by their filing of petitions to compel arbitration in the

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Northern District of California. In light of the history of these disputes in the Northern

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District of California, shopping for an alternative forum is unusually inefficient.

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Moreover, the parties' Arbitration Agreements provide: "We agree to settle the dispute

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according to the provisions of the Federal Arbitration Act, 9 U.S.C. sections 1-16. All

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disputes will be resolved by a single Arbitrator. The Arbitrator shall be selected by mutual

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agreement of the parties." (Doc. 2, ex. C at 1). Petitioner "request[ed] that the Court compel

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arbitration in accordance with the terms of the Arbitration Policy, in the District of Arizona."

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(Doc. 1 at 2). But petitioner acknowledges that "the Agreement itself is silent on the location

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of the arbitration hearing." (Doc. 1 at 9). Nothing in the contract provides that arbitration

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must occur in Arizona or the place of employment. There is no merit to petitioner's

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contention that the parties agreed to arbitrate their disputes in this District.

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Petitioner was given an opportunity to show cause why its case should not be

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dismissed as duplicative in 24 Hour Fitness USA Inc. v. Gasteiger, No. CV 11-02420-ROS-

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PHX, after which Judge Silver entered an order dismissing the case (doc. 16 in CV 11-

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02420). These cases are indistinguishable. We agree with her disposition. Accordingly,

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In case number CV 11-02426, IT IS ORDERED DENYING petitioner's motion to

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strike and petitioner's motion to extend its deadline to file a reply (doc. 16). IT IS

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FURTHER ORDERED DISMISSING petitioner's petition to compel arbitration (doc. 1).
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In case number CV 11-02417, IT IS ORDERED DENYING petitioner's motion to

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strike and petitioner's motion to extend its deadline to file a reply (doc. 23). IT IS

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FURTHER ORDERED DISMISSING petitioner's petition to compel arbitration (doc. 1).

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The clerk shall enter final judgment in both cases.

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DATED this 16th day of May, 2012.

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