Momot v. Mastro et al

Filing 233

ORDER that 174 Defendants' Motion to Stay is denied as moot. IT IS FURTHER ORDERED that pursuant to 225 USCA Memorandum/Opinion, the Clerk shall STAY the proceedings until further notice. Signed by Magistrate Judge Cam Ferenbach on 10/20/11. (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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***

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JOHN MOMOT,

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Plaintiff,
v.
DENNIS MASTRO, et al.,

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Defendants.

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2:09-cv-00975-RLH -VCF
ORDER

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Before the court is defendants Dennis Mastro, et al.’s Motion To Stay Pending Potentially

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Dispositive Ruling by this Court and the Ninth Circuit. (#174). Plaintiff filed an Opposition (#203),

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and defendants filed a Reply (#208).

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On August 14, 2009, the court entered an order enjoining an arbitration proceeding that

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defendants had commenced in Arizona. (#29). The defendants appealed the order to the Ninth Circuit

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immediately thereafter (#30), and oral argument was held on March 15, 2011. Subsequently, on April

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21, 2011, defendants filed a motion for summary judgment on plaintiff’s remaining claims. (#167).

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On June 2, 2011, defendant filed the present motion to stay (#174). Thereafter, on June 22, 2011, the

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Ninth Circuit issued its opinion, instructing the court to grant the motion to stay the proceedings under

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9 U.S.C. § 3 and to dissolve the permanent injunction. (#225).

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In the present motion (#174), the defendants ask this court to stay this case until this court rules

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on the pending motion for summary judgment and the Ninth Circuit issues its opinion, because either

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“one could end or greatly transform this litigation.” (#174).

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entering the mandate of the Ninth Circuit granted defendant’s motion for stay and ordered that “this

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However, this court’s order (#231)

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action is stayed in its entirety...” Thus, the present motion to stay (#174) is moot.
Accordingly, and for good cause shown,
IT IS ORDERED that defendants Dennis Mastro, et al.’s Motion To Stay Pending Potentially
Dispositive Ruling by this Court and the Ninth Circuit (#174) is DENIED as moot.
IT IS FURTHER ORDERED that pursuant to the Ninth Circuit’s ruling (#225), the clerk shall
STAY the proceedings until further notification from the court.
DATED this 20th day of October, 2011.

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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