Momot v. Mastro et al

Filing 231

ORDER Granting 229 Motion Entry of Order on Mandate re 227 USCA Mandate. Defendants' motion to stay this action is granted pending the outcome of the Maricopa County arbitration. The permanent injunction is dissolved. Defendants are awarded their costs on appeal in the amount of $359.40. Signed by Judge Roger L. Hunt on 8/12/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN MOMOT,

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Plaintiff/Counterdefendant,

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vs.

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DENNIS MASTRO, individually,
MICHAEL MASTRO, individually, JEFF
MASTRO, individually; DOES I through X
and ROE CORPORATIONS I through X,
inclusive,

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Case No.: 2:09-cv-975-RLH-LRL
[Removal from the District Court of Clark
County, State of Nevada,
Case No. A588280]

Defendants/Counterclaimants.

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ORDER

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On June 22, 2011, the United States Court of Appeals for the Ninth Circuit issued its

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Published Opinion in Momot v. Mastro, ___ F.3d ___, 2011 WL 2464781 (9th Cir. June

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22, 2011) reversing this Court’s Order (Doc. 61) in which this Court denied Defendants’

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motion to stay this action under Section 3 of the Federal Arbitration Act and permanently

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enjoined (i.e., “terminated”) the arbitration proceeding that the Defendants had

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commenced in Maricopa County, Arizona. The Ninth Circuit also gave “instructions to

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grant the motion to stay proceedings under 9 U.S.C. § 3 and dissolve the permanent

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injunction.”

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The Ninth Circuit issued its Mandate effectuating its Published Opinion pursuant to

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Fed. R. App. P. 41(a) on July 14, 2011 (Doc. 227) and awarded Appellants/Defendants

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costs on appeal of $359.40.

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In compliance with the Mandate, it is ORDERED:

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A. Defendants’ motion to stay this action under 9 U.S.C. § 3 is granted and this

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action is stayed in its entirety pending the outcome of the Maricopa County,

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Arizona arbitration commenced by Defendants by filing their Demand for

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Arbitration and Complaint in Arbitration on May 19, 2009 (Doc. 25-2);

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B. The permanent injunction “terminating” that arbitration is hereby dissolved; and

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C. Defendants are awarded their costs on appeal in the amount of $359.40.

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This Order does not stay the consideration of any petition or application the

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Defendants

may

file

for

an

Order

enforcing

a

Ninth

Circuit

award

of

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Appellants/Defendants attorneys’ fees on appeal or the entry of an Order enforcing such

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an award.

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DATED this _____ day of July, 2011.
12th day of August, 2011.

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_____________________________
Hon. Roger L. Hunt
Chief United States District Judge

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