Maita Distributors Inc. of San Mateo County v. DBI Beverage, Inc.

Filing 49

ORDER by Judge Whyte denying 11 Motion to Stay Arbitration. (rmwlc3, COURT STAFF) (Filed on 8/12/2009)

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ORDER DENYING MOTION TO STAY ARBITRATION OR FOR PRELIMINARY INJUNCTION--No. C-09-02318 RMW TER

E-FILED on 8/12/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MAITA DISTRIBUTORS, INC. OF SAN MATEO, a California corporation, Plaintiff, v. DBI BEVERAGE INC., a Tennessee corporation, Defendant.

No. C-09-02318 RMW ORDER DENYING MOTION TO STAY ARBITRATION OR FOR PRELIMINARY INJUNCTION [Re Docket No. 11]

Plaintiff's motion to stay arbitration or alternatively for preliminary injunction, which came on for hearing before the court on July 10, 2009, is denied. The court has issued a scheduling order that should allow the case to be resolved prior to the scheduled commencement of the arbitration.

DATED:

8/12/09

RONALD M. WHYTE United States District Judge

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Craig S. Ritchey John G. Hursh Karen Elizabeth Wentzel Patricia Anne Welch Counsel for Defendant: Elise Kathryn Sara Jonathan P. Hersey Mark Kenneth Slater Counsel for Intervenor: Jesse Frank Ruiz Alissa Brett Rubin Michael W. Youtt Russell D. Workman [e-mail] [e-mail] [e-mail] [e-mail]

[e-mail] [e-mail] [e-mail] [e-mail] a [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

8/12/09

TER Chambers of Judge Whyte

ORDER DENYING MOTION TO STAY ARBITRATION OR FOR PRELIMINARY INJUNCTION--No. C-09-02318 RMW TER 2