GAR Energy and Associates, Inc. et al v. Ivanhoe Energy Inc. et al

Filing 70

ORDER ; vacating 34 Motion to Dismiss ; granting 51 Motion to Compel Arbitration. The motion to dismiss currently set for January 23 is vacated pending the outcome of the arbitration at which time the party may renotice it. signed by Chief Judge Anthony W. Ishii on 1/19/2012. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GAR ENERGY AND ASSOCIATES, INC.,
et al.,

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Plaintiffs,
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v.
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IVANHOE ENERGY INC., et al.,
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Defendants.
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_______________________________________ )

Case No.: 1:11-CV-00907 AWI JLT
ORDER ADOPTING IN FULL THE FINDINGS
AND RECOMMENDATION GRANTING
MOTION TO COMPEL ARBITRATION
(Doc. 69)

Defendant Ivanhoe Energy (Latin America), Inc. filed a motion to compel arbitration on

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August 31, 2011 (Doc. 51), which was referred to the Magistrate Judge pursuant to 28 U.S.C.

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§636(b)(1)(A). (Doc. 63).

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On December 27, 2011, the Magistrate Judge issued Findings and Recommendations that the

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motion be granted. (Doc. 69). The Findings and Recommendations were served on all parties, and

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contained a notice that any objections were to be filed within fourteen days of serve, or by January

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10, 2011. (Id. at 18). This time has passed, and to date no objections have been filed by either party.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley

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United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review

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of the case. Having carefully reviewed the entire file, the Court finds that the findings and

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recommendation are supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations filed December 27, 2011 (Doc. 69), are
ADOPTED IN FULL;

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Within 21 days of the date of service of this Order, each side SHALL select one

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arbitrator, the two selected arbitrators shall then select the third arbitrator, and this

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panel will determine the rules by which the arbitration will proceed and the location

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of the arbitration;

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3.

The matter is STAYED to allow the completion of the arbitration;

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4.

The parties are ORDERED to provide the court with status reports regarding the

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arbitration every three months and to inform the court within thirty days of any

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resolution of the arbitration;

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5.

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The Court hereby retains jurisdiction to confirm the arbitration award and enter
judgment for the purpose of enforcement.

IT IS SO ORDERED.

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Dated:
0m8i78

January 19, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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