24 Hour Fitness USA, Inc. et al v. Avery

Filing 25

ORDER STAYING CASE. Plaintiffs shall file a status report with the Court when Judge Contis order becomes final, or is appealed and thereafter becomes final. Signed by Judge Miranda M. Du on 7/12/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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24 HOUR FITNESS USA, INC., a California
corporate dba 24 HOURS FITNESS;
SPORT AND FITNESS CLUBS OF
AMERICA, INC., a California corporation
dba 24 HOUR FITNESS,

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Case No. 2:12-cv-00024-MMD-RJJ
ORDER

Petitioner,

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v.

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DAVE AVERY
Respondent.

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Plaintiffs 24 Hour Fitness USA, Inc. and Sport and Fitness Club of America

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initiated this action and other actions before this court to compel arbitration. However,

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Judge Samuel Conti of the United States District Court for the Northern District of

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California recently issued an order enjoining Plaintiffs from “continuing to prosecute, or

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from filing in the first instance, any out-of-district Petitions it has filed against any of the

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983 claimants,” finding that the proper venue for such dispute is before that Court. (Dkt.

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no. 24, Ex. A at 31-32.)

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of district cases. Plaintiffs have complied by filing the notice of order. Because Plaintiffs

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are now enjoined from prosecuting this action, this action shall be stayed. Plaintiffs shall

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file a status report with the Court when Judge Conti’s order becomes final, or is appealed

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and thereafter becomes final.

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Judge Conti ordered Plaintiffs to file its Order in each of the out

DATED THIS 12th day of July 2012.

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UNITED STATES DISTRICT JUDGE