Russell Sigler, Inc. v. Min

Filing 34

ORDER signed by Judge Lawrence K. Karlton on 1/13/14 ORDERING that the parties shall brief whether it is the court or the arbitrator who decides what is the content of the arbitration agreement, insofar as it governs who the arbitrator will be. Defendant Min shall file his opening brief no later than 1/23/2014 at 4:30 p.m.. Plaintiff Sigler shall file his responsive brief no later than 2/3/2014 at 4:30 p.m.. Defendant Min shall file his reply brief no later than 2/10/2014. Pending resolution of the motion to stay, this case is STAYED. The Status (Pretrial Scheduling) Conference currently set for 1/21/2014 is VACATED, and the deadline for initial disclosures is also VACATED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUSSELL SIGLER, INC., a New
Mexico corporation,

No. CIV. S-13-1323 LKK/AC

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Plaintiff,
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ORDER
v.

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DONG MIN, an individual; and
DOES 1 through 10, inclusive,

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Defendants.

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This matter came on for hearing on January 13, 2014 on

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defendant Min’s motion to stay the case pending the completion of

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arbitration.

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parties agree that there is an arbitration agreement, they are

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not in agreement about which document contains the arbitration

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agreement.1
Accordingly, the parties shall brief whether it is the court

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At the hearing, it appeared that although the

or the arbitrator who decides what is the content of the

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Meanwhile, plaintiff Sigler, which filed this lawsuit seeking to compel
arbitration, has now confirmed that it has abandoned that claim. However, Min
appears to have a continuing right to file a request to stay this proceeding
pursuant to a mandatory arbitration agreement.

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arbitration agreement, insofar as it governs who the arbitrator

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will be.

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Defendant Min shall file his opening brief no later than

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January 23, 2014 at 4:30 p.m.

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responsive brief no later than February 3, 2014 at 4:30 p.m.

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Defendant Min shall file his reply brief no later than February

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10, 2014.

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apart from exhibits.

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respective opening brief, the complete document which that party

Plaintiff Sigler shall file his

No brief shall exceed fifteen (15) pages in length,
Both sides shall submit with their

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says contains the arbitration agreement.

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be taken under submission.

The motion shall then

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Pending resolution of this motion, this case is STAYED.

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Accordingly, (1) the Status (Pretrial Scheduling) Conference

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currently set for January 21, 2014 is VACATED, and (2) the

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deadline for initial disclosures is also VACATED.

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IT IS SO ORDERED.

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DATED:

January 13, 2014.

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