Ray v. Dish Network L.L.C. et al

Filing 9

ORDER by Magistrate Judge Nina Y. Wang on 2/9/16. The Petition to Vacate Clause Construction Arbitration Award filed by Defendants DISH Network L.L.C. and Echosphere L.L.C. 8 is STRICKEN and this action will REMAIN CLOSED. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01239-NYW
MATTHEW RAY,
Plaintiff,
v.
DISH NETWORK L.L.C.,
ECHOSPHERE L.L.C.,
Defendants.

ORDER
Magistrate Judge Nina Y. Wang
This matter is before the court sua sponte on the Petition to Vacate Clause Construction
Arbitration Award filed by Defendants DISH Network L.L.C. and Echosphere L.L.C.
(collectively, “DISH” or “Defendants”) [#8, filed January 28, 2016]. On June 11, 2015, Plaintiff
Matthew Ray (“Plaintiff” or “Mr. Ray”) initiated a case against Defendants, alleging violations
of the Fair Labor Standards Act, Colorado Wage Claim Act, and Colorado Minimum Wage Act,
as well as a breach of contract claim. [#1]. Plaintiff then filed a Notice of Voluntary Dismissal
pursuant to Rule 41(a)(1)(A)(i) on July 2, 2015, after service of the Complaint but prior to any
responsive pleading by Defendants. [#6]. The case was then closed. [#7].
Then, on January 28, 2016, DISH filed the current Petition to Vacate Clause Construction
Arbitration Award [#8]. Because there is no open case, the Petition to Vacate Clause
Construction Arbitration Award is improperly filed in this action.

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In addition, DISH has

identified, and this court has not found, any basis of jurisdiction to entertain the Petition in this
action. See Gaines v. Lawrence, No. 07-3212-SAC, 2010 WL 3829467 (D. Kan. 2010) (finding
no jurisdictional basis to reopen a case previously dismissed voluntarily). Instead, it appears
more appropriate for DISH to initiate a new action should it wish to pursue the relief sought
through the Petition to Vacate Clause Construction Arbitration Award.
Therefore, IT IS ORDERED that the Petition to Vacate Clause Construction Arbitration
Award filed by Defendants DISH Network L.L.C. and Echosphere L.L.C. [#8] is STRICKEN
and this action will REMAIN CLOSED.

DATED: February 9, 2016

BY THE COURT:

s/ Nina Y. Wang
United States Magistrate Judge

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