Rosciano v. Experian et al

Filing 56

ORDER that Plaintiff's Motion to Vacate Order of Dismissal, etc., (Doc. 52 ) is granted. FURTHER ORDERED that the order of 04/01/15 (Doc. 50 ), is vacated. Signed by Judge Neil V. Wake on 5/1/15. (NKS)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jose Rosciano, No. CV-14-02102-PHX-NVW Plaintiff, 10 11 v. 12 ORDER Experian, et al., 13 Defendants. 14 15 Before the court are Plaintiff’s Motion to Vacate Order of Dismissal, etc. (Doc. 16 52), the Response (Doc. 53), and the Reply (Doc. 54). In the court’s discretion, late 17 commencement of the arbitration will be allowed. 18 reconsideration of its April 1, 2015 order (Doc. 50), that Plaintiff’s failure to comply with 19 the prior orders compelling arbitration (Doc. 37, 49) does not warrant dismissal with 20 prejudice. Those orders require arbitration only of Plaintiff’s claims against Defendant 21 T-Mobile USA, Inc.; they do not subject to arbitration any other party against whom this 22 case has already been dismissed. 23 24 The court also concludes, upon IT IS THEREFORE ORDERED that Plaintiff’s Motion to Vacate Order of Dismissal, etc., (Doc. 52) is granted. 25 26 / / / 27 / / / 28 / // 1 2 3 IT IS FURTHER ORDERED that the order of April 1, 2015 (Doc. 50), is vacated. 4 Dated: May 1, 2015. 5 6 Neil V. Wake United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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