Falconpoint Unlimited, LLC v. Senn et al

Filing 61

ORDER FOR ADDITIONAL BRIEFING RE: ARBITRATION. Signed by Judge Nathanael Cousins on 8/12/2015. (lmh, COURT STAFF) (Filed on 8/12/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FALCONPOINT UNLIMITED, LLC,
Plaintiff,

United States District Court
Northern District of California

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ORDER FOR ADDITIONAL
BRIEFING RE: ARBITRATION

v.

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Case No.14-cv-02342-NC

KEVIN J. SENN, et al.,
Defendants.

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The Court has reviewed the parties’ briefing on Falconpoint’s motion for partial

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summary judgment. Paragraph 10 of the contract between the parties provides that any

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dispute between the parties as to whether there has been a breach of the contract “will be

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submitted to binding commercial arbitration.” “A bedrock principle of California contract

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law is that he who seeks to enforce a contract must show that he has complied with the

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conditions and agreements of the contract on his part to be performed.” Cox v. Ocean

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View Hotel Corp., 533 F.3d 1114, 1121-22 (9th Cir. 2008); Brennan v. Opus Bank, et. al.,

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No. 13-35580, *11 (9th Cir. Aug. 11, 2015); see also Local 659, I.A.T.S.E. v. Color Corp.

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of Am., 47 Cal.2d 189, 302 P.2d 294, 299 (1956) (En Banc). The parties have not

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addressed this contract provision in their summary judgment papers, or at any other time

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during the litigation. The Court finds the arbitration clause relevant to the disposition of

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the summary judgment motion.

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/
Case No. 14-cv-02342-NC

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Therefore, Falconpoint must explain why the Court should not find that it has

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repudiated the contract by filing suit in federal court and not submitting the breach claims

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to arbitration, thereby violating the binding arbitration clause. If Falconpoint believes that

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there has been a waiver of the arbitration clause, it must present evidence to the Court of

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such waiver.

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Falconpoint must provide the additional briefing by August 19, 2015. Defendants
may respond by August 26, 2015.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: August 12, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 14-cv-02342-NC

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