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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··-···- ,------~ 1 OCT 1 0 2019 2 CLERK, U.S. D!::,HIICT COURT 3 SCUTHERN D!STltc·:· UF CAUFOl"l'.N!A B\:. --••-•--••••-•-•--•a ••••••-•-••-•••-•••••••••• - 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 HOBAN MANAGEMENT, INC., Plaintiff, 12 13 v. 14 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, 15 16 17 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. 18 19 20 21 22 ESTHER G. ELMASIAN, an individual, and VALOR PROPERTY MANAGEMENT, INC., a California corporation, Counter-Claimants, 23 24 25 26 27 28 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 1 The Court, having considered the parties' Third Stipulation and Joint Motion for 2 Binding Arbitration and Stay of Entire Action ("Motion"), and good cause appearing, the 3 Court hereby GRANTS the Motion and orders as follows: - 4 1. Any and all controversies arising out of or relating to Plaintiffs affirmative 5 claims and Counter-Claimants' counterclaims as set forth in the operative 6 pleadings on file in this action are hereby ordered to binding arbitration 7 before Hon. Ronald S. Prager, Ret. on April 4, 10, 13, 14, and 15, 2020. 8 2. 9 The current stay shall remain in full force and effect until May 4, 2020, pending completion of arbitration, inclusive of all affirmative claims and 10 counterclaims, as set forth in the operative pleadings. The parties' shall file 11 a joint status report every sixty ("60") days from the date of this order to 12 apprise the Court of the current status of the arbitration proceedings. 13 3. The Parties shall advise the Court within seven ("7") days of the granting of 14 a final binding arbitration award or any other resolution affecting the 15 outcome of the arbitration proceedings. They shall further cooperate to 16 ensure the prompt filing of any documents with this Court necessary to 17 facilitate entry of any documents with this Court necessary to facilitate entry 18 of judgment in accordance with the arbitrators' final binding decision or to 19 have the entire action dismissed in accordance with the resolution. 20 4. A Status Conference shall be held in this matter on May 4, 2020 at 10:30 am 21 in Courtroom 5A. Should this matter be resolved through binding 22 arbitration prior to this date, the Status Conference will be vacated. 23 IT IS SO ORDERED. 24 25 Dated: O c t o b ~ 2019 26 27 28 2 3: l 7-cv-02525-BEN-LL

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