Project Dynamics v. GNLC Holdings, Inc.

Filing 13

ORDER that 7 Motion to Compel Arbitration is GRANTED. FURTHER ORDERED that this case is STAYED pending arbitration. Signed by Judge Jennifer A. Dorsey on 12/30/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Project Dynamics, Inc.,

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Plaintiff

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v.

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2:15-cv-01477-JAD-NJK

GNLC Holdings, Inc.,

Order Compelling Arbitration
and Staying Case
[ECF 7]

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Defendant

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Project Dynamics, Inc. sues GNLC Holdings, Inc. over a contract to procure furniture,

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fixtures, and equipment for the Golden Nugget Lake Charles project in Louisiana.1 After GNLC

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removed this action from the Nevada state court, Project Dynamics moved to compel arbitration

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based on the contract’s arbitration clause, which requires that “[a]ny controversy or claim arising

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out of or relating to” the contract “be settled by binding arbitration in accordance with the

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Construction Industry Arbitration Rules of the American Arbitration Association, and judgment

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upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

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. . . The award of the arbitrator shall be final, binding and non-appealable.”2

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GNLC has not opposed the motion. This district’s local rule 7-2(d) states that :[t]he

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failure of an opposing party to file points and authorities in response to any motion shall

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constitute a consent to the granting of the motion.” Good cause appearing,

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IT IS HEREBY ORDERED that the motion to compel arbitration [ECF 7] is
GRANTED. The parties are directed to arbitrate this dispute in accordance with § 6.09 of their

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ECF 1-1.

ECF 7, 7-1 at 7, § 6.09. Although the plaintiff has offered various drafts of a proposed order,
each was fraught with errors. See, e.g., ECF 9 (lacking a signature block as required by Local
Rule 6-2); ECF 11 (adding a signature block, but erroneously preparing it for signature by the
magistrate judge, whose name is misspelled); and ECF 12 (replacing the magistrate judge’s
misspelled name with that of the district judge, but erroneously referencing her as a magistrate
judge).

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Agency Agreement [ECF 7-1].3

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IT IS FURTHER ORDERED that this case is STAYED pending arbitration.

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Dated this 30th day of December, 2015

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_______________________________
_____________________
_ __ __________
Jennifer A. Dorsey
nifer A Dorsey
e
or e
United States District Judge
ted States
d ta e
ate
t Judge
d

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ECF 7-1 at 7, § 6.09.
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