Amergent Techs, LLC v. TransAtlantic Lines, LLC

Filing 11

ORDER (1) Lifting Stay; And (2) Requiring Petitioner To File Motion. It is ordered that the Court hereby lifts stay on petitioner's obligation to file a motion to compel arbitration or notice a hearing. (ECF No. 9 .) In light of the New York courts ruling and pursuant to Civil Local Rule 7.1(e), the Court denies as moot petitioner's original Petition to Compel Arbitration (ECF No. 1 ). Petitioner shall file a renewed motion to compel arbitration, or otherwise respond to this Order, within 30 days from the date on which this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 2/3/2017.(dxj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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AMERGENT TECHS, LLC,

Case No.: 16-CV-1140 JLS (JLB)
Petitioner,

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ORDER (1) LIFTING STAY; AND (2)
REQUIRING PETITIONER TO FILE
MOTION

v.
TRANSATLANTIC LINES, LLC,
Respondent.

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Presently before the Court is the parties’ Joint Status Report on Petitioner’s Motion

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to Dismiss in Transatlantic Lines LLC v. Amergent Techs, LLC, No. 1:16-cv-03549-AT

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(S.D.N.Y.). (ECF No. 10.) The Court previously stayed the present case pending a ruling

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in the New York case and ordered the parties to submit a joint status report after receiving

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the New York court’s ruling. (ECF No. 9.) According to the Joint Status Report, the New

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York court dismissed the case with prejudice for lack of personal jurisdiction. (See ECF

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No. 10; see also Ex. A.)

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Accordingly, the Court HEREBY LIFTS the stay on Petitioner’s obligation to file

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a motion to compel arbitration or notice a hearing. (ECF No. 9.) In light of the New York

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court’s ruling and pursuant to Civil Local Rule 7.1(e), the Court DENIES AS MOOT

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16-CV-1140 JLS (JLB)

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Petitioner’s original Petition to Compel Arbitration (ECF No. 1).1 Petitioner SHALL FILE

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a renewed motion to compel arbitration, or otherwise respond to this Order, within thirty

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(30) days from the date on which this Order is electronically docketed.

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IT IS SO ORDERED.
Dated: February 3, 2017

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The Court’s Order is also based on Petitioner Amergent’s previous claim that “[i]f the New York Court
grants Amergent’s motion to dismiss, Amergent will then file its motion to compel arbitration.” (ECF No.
8, at 3.)
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16-CV-1140 JLS (JLB)