American, Etc., Inc. v. Applied Underwriters Captive Risk Assurance Company, Inc.

Filing 31

ORDER Striking 30 Objection filed by American, Etc., Inc. Signed by Magistrate Judge Donna M. Ryu on 1/4/2018. (dmrlc1, COURT STAFF) (Filed on 1/4/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AMERICAN, ETC., INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-03660-DMR

v.
APPLIED UNDERWRITERS CAPTIVE
RISK ASSURANCE COMPANY, INC.,

ORDER STRIKING PETITIONER’S
OBJECTION TO DECEMBER 28, 2017
ORDER
Re: Dkt. No. 30

Defendant.
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Petitioner American Etc, Inc. dba Royal Laundry (“Royal”) filed a document entitled

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“Objection to Magistrate’s Recommendation to Confirm Arbitration Award” on January 4, 2018.

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[Docket No. 30.] In its filing, Royal purports to object pursuant to Federal Rule of Civil

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Procedure 72(b) to the court’s December 28, 2017 Order Granting Motion to Confirm Arbitration

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Award and Denying Motion to Vacate Arbitration Award (Docket No. 28). However, Rule 72(b)

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is inapplicable, as both parties consented pursuant to 28 U.S.C. § 636(c) “to have a United States

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magistrate judge conduct all further proceedings in this case, including . . . entry of final

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judgment,” and agreed that “appeal from the judgment shall be taken directly to the United States

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Court of Appeals for the Ninth Circuit.” [Docket Nos. 7 (Pet’r’s Consent), 15 (Resp’t’s Consent).]

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Accordingly, the January 4, 2018 Objection is stricken.

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To the extent Royal seeks reconsideration of the December 28, 2017 Order, it must seek

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leave to file a motion for reconsideration in compliance with Local Rule 7-9. The court notes that

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pursuant to Local Rule 7-9(c), “[n]o motion for leave to file a motion for reconsideration may

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repeat any oral or written argument made by the applying party in support of or in opposition to

the interlocutory order which the party now seeks to have reconsidered.”

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R NIA

______________________________________
Donna M. Ryu
United States MagistrateaJudge yu
M. R

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United States District Court
Northern District of California

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IT IS S

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UNIT
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Dated: January 4, 2018

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IT IS SO ORDERED.

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