Westminster Commons Development, LLC v. McElliot, LLC et al

Filing 37

ORDER re: Recommendation of the United States Magistrate Judge. The Recommendation of United States Magistrate Judge [#[34 is APPROVED AND ADOPTED as an order of this court. The objection contained in defendants' Objection to Recommendation of U nited States Magistrate Judge and Request for Clarification [# 35 ] is OVERRULED. The motion for clarification contained in defendants' Objection to Recommendation of United States Magistrate Judge and Request for Clarification [# 35 ] is GRANTE D to the extent that it is CLARIFIED thatplaintiff's membership status vel non is an issue for the arbitrator to resolve. Plaintiff's Motion To Compel Compliance with ADR Provision Contained in McElliot, LLC Operating Agreement [#10] is gra nted. Plaintiff's Motion To Stay Proceedings Pending Completion of Alternative Dispute Resolution [# 11 ] is granted. Plaintiff, Westminster Commons Development, LLC, a Colorado limitedliability company, and defendants, McElliot., are ORDERED to proceed to arbitration of its claims against McElliot, LLC, an Arizona limited liability company. Plaintiff's claims against all defendants in this action are STAYED pending the outcome of the arbitration. Plaintiff and defendant McElliot, LLC, SHALL FILE a status report on or before 10/2/2013 and every 90 days thereafter, until the arbitration is completed. Within 11 days of the completion of the arbitration, plaintiff and defendant shall file a statement. Defendant AZG Westminster, LLC&# 039;s Petition for an Order To Show Cause Why Plaintiff's Lien Should Not Be Declared Invalid [# 7 ] is denied without prejudice as moot. The Motion To Dismiss [# 8 ] is denied without prejudice as moot. By Judge Robert E. Blackburn on 9/6/2013.(klyon, )