Hoban Management, Inc. v. Elmasian et al

Filing 43

ORDER Granting 42 Third Joint Motion for Binding Arbitration and Stay of Entire Action. Case stayed until 05/4/2020. Status Conference set for 5/4/2020 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 10/10/2019. (mme)

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OCT 1 0 2019

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CLERK, U.S. D!::,HIICT COURT

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SCUTHERN D!STltc·:· UF CAUFOl"l'.N!A
B\:.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HOBAN MANAGEMENT, INC.,
Plaintiff,

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v.

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ESTHER G. ELMASIAN, an individual,
and ESTHER G. ELMASIAN d/6/a
VALOR PROPERTY MANAGEMENT,
a California fictitious entity; and DOES 1
through 50, inclusive,

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Case No.: 3:l 7-cv-02525-BEN-LL

ORDER GRANTING THIRD JOINT
MOTION FOR BINDING
ARBITRATION AND STAY OF
ENTIRE ACTION
[Doc. No. 42]

Defendants.

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ESTHER G. ELMASIAN, an individual,
and VALOR PROPERTY
MANAGEMENT, INC., a California
corporation,
Counter-Claimants,

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V.

HOBAN MANAGEMENT, INC.;
THOMAS HOBAN, an individual;
RENEE HOBAN, an individual; and
ROES 1-30, inclusive,
Counter-Defendants.

3:l 7-cv-02525-BEN-LL

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The Court, having considered the parties' Third Stipulation and Joint Motion for

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Binding Arbitration and Stay of Entire Action ("Motion"), and good cause appearing, the

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Court hereby GRANTS the Motion and orders as follows:
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1.

Any and all controversies arising out of or relating to Plaintiffs affirmative

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claims and Counter-Claimants' counterclaims as set forth in the operative

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pleadings on file in this action are hereby ordered to binding arbitration

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before Hon. Ronald S. Prager, Ret. on April 4, 10, 13, 14, and 15, 2020.

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2.

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The current stay shall remain in full force and effect until May 4, 2020,
pending completion of arbitration, inclusive of all affirmative claims and

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counterclaims, as set forth in the operative pleadings. The parties' shall file

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a joint status report every sixty ("60") days from the date of this order to

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apprise the Court of the current status of the arbitration proceedings.

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3.

The Parties shall advise the Court within seven ("7") days of the granting of

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a final binding arbitration award or any other resolution affecting the

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outcome of the arbitration proceedings. They shall further cooperate to

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ensure the prompt filing of any documents with this Court necessary to

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facilitate entry of any documents with this Court necessary to facilitate entry

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of judgment in accordance with the arbitrators' final binding decision or to

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have the entire action dismissed in accordance with the resolution.

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4.

A Status Conference shall be held in this matter on May 4, 2020 at 10:30 am

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in Courtroom 5A. Should this matter be resolved through binding

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arbitration prior to this date, the Status Conference will be vacated.

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IT IS SO ORDERED.

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Dated: O c t o b ~ 2019

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3: l 7-cv-02525-BEN-LL