Waynant v. Pacific Aquascapes, Inc.

Filing 20

ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (ECF No. 16), AS MODIFIED re 16 , 19 - Signed by SENIOR JUDGE HELEN GILLMOR on 6/3/2024. IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title 28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1, the Findings and Recommendation is adopted as the opinion and order of this Court with the following modifications:1. On Page 4, Paragraph 2, Line 1, REPLACE "January 3, 2024" with "January 23, 2024"; 2. On Page 5, Paragraph 1, Line 4, REPLACE "524 U.S. 938, 944" with " 514 U.S. 938, 944";3. On Page 7, Paragraph 3, Line 3, REPLACE "expired on March 16, 2018. ECF No. 14 at 9 (citing ECF No. 8-1 at 11)" with "expired on March 13, 2018. ECF No. 14 at 9 (citing ECF No. 13 at 7)";4. On Page 8, Paragraph 2, Line 7, REPLACE "Id. at 78" with "ECF No. 8-3 at 7-8";5. The Court modifies the Findings and Recommendation by the Magistrate Judge given the United States Supreme Court's recent ruling in Smith v. Spi zzirri, S.Ct., 2024 WL 2193872, *4 (May 16, 2024) that abrogated Forrest v. Spizzirri, 62 F.4th 1201, 1204-05 (9th Cir. 2023) as relied upon by the Magistrate Judge. On Pages 9-10, REPLACE the paragraphs under the heading "IV. Defenda nt's Request To Stay Proceedings" with "Defendant asks the Court to stay proceedings pending the outcome of the arbitration. In Smith v. Spizzirri, S.Ct., 2024 WL 2193872, *4 (May 16, 2024), the United States Supreme Court ruled that when a federal court finds that a dispute is subject to arbitration and a party has requested a stay of the court proceeding pending arbitration, the Federal Arbitration Act compels the court to stay the proceedings. Pursuant to Smith, t he proceedings are STAYED pending arbitration.";6. On Page 10, under "CONCLUSION" Lines 5-6 REPLACE "The Court further RECOMMENDS that the district court DENY Defendant's request for a stay and DISMISS the case." with "The proceedings are STAYED pending arbitration."(jni)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
MICHAEL J. WAYNANT,
Plaintiff,
vs.
PACIFIC AQUASCAPES, INC.;
JOHN DOES 1–10; JANE DOES
1–10; DOE PARTNERSHIPS 1–10;
DOE CORPORATIONS 1–10; DOE
ENTITIES 1–10; AND DOE
GOVERNMENTAL UNITS 1–10,
Defendants.

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Civ. No. 24-00065 HG-KJM

ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION
TO GRANT IN PART AND DENY IN PART
DEFENDANT PACIFIC AQUASCAPES, INC.'S MOTION TO COMPEL ARBITRATION
AND STAY PROCEEDINGS (ECF No. 16), AS MODIFIED
Findings and Recommendation (ECF No. 16) having been filed
and served on all parties on May 2, 2024, and no objections
having been filed by any party,
IT IS HEREBY ORDERED AND ADJUDGED that, pursuant to Title
28, United States Code, Section 636(b)(1)(C) and Local Rule 74.1,
the Findings and Recommendation is adopted as the opinion and
order of this Court with the following modifications:
1.

On Page 4, Paragraph 2, Line 1, REPLACE “January 3,
2024” with “January 23, 2024”;

2.

On Page 5, Paragraph 1, Line 4, REPLACE "524 U.S.

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938, 944" with "514 U.S. 938, 944”;
3.

On Page 7, Paragraph 3, Line 3, REPLACE "expired on
March 16, 2018. ECF No. 14 at 9 (citing ECF No. 8-1 at
11)” with "expired on March 13, 2018. ECF No. 14 at 9
(citing ECF No. 13 at 7)”;

4.

On Page 8, Paragraph 2, Line 7, REPLACE “Id. at 7–8"
with “ECF No. 8-3 at 7-8";

5.

The Court modifies the Findings and Recommendation by
the Magistrate Judge given the United States Supreme
Court’s recent ruling in Smith v. Spizzirri,

S.Ct.

, 2024 WL 2193872, *4 (May 16, 2024) that abrogated
Forrest v. Spizzirri, 62 F.4th 1201, 1204-05 (9th Cir.
2023) as relied upon by the Magistrate Judge.
On Pages 9-10, REPLACE the paragraphs under the heading
“IV. Defendant’s Request To Stay Proceedings” with
“Defendant asks the Court to stay proceedings pending
the outcome of the arbitration.
S.Ct.

In Smith v. Spizzirri,

, 2024 WL 2193872, *4 (May 16, 2024) , the

United States Supreme Court ruled that when a federal
court finds that a dispute is subject to arbitration
and a party has requested a stay of the court
proceeding pending arbitration, the Federal Arbitration
Act compels the court to stay the proceedings.
Pursuant to Smith, the proceedings are STAYED pending
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arbitration.”;
6.

On Page 10, under “CONCLUSION” Lines 5-6 REPLACE “The
Court further RECOMMENDS that the district court DENY
Defendant’s request for a stay and DISMISS the case.”
with “The proceedings are STAYED pending arbitration.”

IT IS SO ORDERED.
Dated: June 3, 2024, Honolulu, Hawaii, 2024.

Michael J. Waynant v. Pacific Aquascapes, Inc., John Does 1–10,
Jane Does 1–10, Doe Partnerships 1–10, Doe Corporations 1–10, Doe
Entities 1–10, and Doe Governmental Units 1–10; 24-cv-00141;
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION
TO GRANT IN PART AND DENY IN PART DEFENDANT PACIFIC AQUASCAPES,
INC.'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (ECF No.
16), AS MODIFIED

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