Bridgeport Management, Inc. v. Lake Mathews Mineral Properties, Ltd. et al

Filing 44

Order by Hon. Vince Chhabria granting 36 Motion to Compel and Setting Case Management Conference.(knm, COURT STAFF) (Filed on 6/30/2014)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 BRIDGEPORT MANAGEMENT, INC., Case No. 14-cv-00070-VC Plaintiff, 5 v. 6 7 8 LAKE MATHEWS MINERAL PROPERTIES, LTD., et al., ORDER GRANTING MOTION TO COMPEL ARBITRATION; SETTING CASE MANAGEMENT CONFERENCE Re: Dkt. Nos. 27, 36 Defendants. 9 The motion to compel arbitration is granted. Although the defendants argue the contract 11 United States District Court Northern District of California 10 containing the arbitration clause is invalid, they have presented no evidence or argument that the 12 arbitration provision itself is invalid. See Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 13 440, 445-46 (2006). 14 15 16 The plaintiff's request that the court appoint a particular arbitrator, Martin H. Dodd, is denied. The parties are ordered to jointly select an arbitrator by August 12, 2014. The court will retain jurisdiction for the sole purpose of ensuring that the parties are 17 capable of selecting an arbitrator. After the parties select an arbitrator, the court will enter 18 judgment for the plaintiff on the petition to compel arbitration. If, after the arbitration, a party 19 feels the need to resort to further court proceedings, the party must determine whether it is 20 appropriate to seek relief in federal or state court. 21 A telephonic case management conference will be held on August 12, 2014 at 10:00 a.m., 22 for purposes of obtaining a report on whether the parties have selected an arbitrator. The court 23 will not entertain further argument at the case management conference on the motion to compel 24 arbitration. If the parties have failed to select an arbitrator by that time, the court will consider 25 sanctions. If the parties select an arbitrator before that time, they may inform the court and avoid 26 appearing at the case management conference, and judgment will be entered. 27 28 1 2 3 4 IT IS SO ORDERED. Dated: June 26, 2014 ______________________________________ VINCE CHHABRIA United States District Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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