Buckley v. Pinnacle Community Services Limited Partnership et al

Filing 9

ORDER that the parties shall exercise best good-faith efforts to select an arbitrator and schedule arbitration before the next status report. Failure to timely comply will result in an order to show cause why the stay should not be lifted. Signed by Magistrate Judge Peggy A. Leen on 2/10/17. (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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***

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LAURA BUCKLEY,

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v.

Case No. 2:16-cv-02326-GMN-PAL
Plaintiff,

ORDER

PINNACLE COMMUNITY SERVICES
LIMITED PARTNERSHIP, et al.,
Defendants.

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This matter is before the court on the parties’ Status Report (ECF No. 8).

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On October 12, 2016, the court entered an Order (ECF No. 6) which granted the parties’

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stipulation to stay proceedings pending the outcome of mediation and arbitration. The order

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required the parties to file a joint status report every 60 days advising the court of the status of

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mediation proceedings.

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The first Status Report (ECF No. 7) filed December 8, 2016, advised the court that

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mediation was conducted December 7, 2016 which did not result in a resolution. The parties

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advised the court that if they could not settle on their own, they would proceed to arbitration.

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The parties filed their second status report Friday, February 6, 2017 (ECF No. 8) which

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advised that they “have been discussing potential arbitrators, and are likely to pick either Judge

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Pro (Ret.) or Judge Wall (Ret.). It has now been 4 months since the court granted the parties’

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stipulation and an arbitrator has yet to be selected. The order granting the parties’ stipulation (ECF

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No. 6) warned the parties that failure to timely commence and conclude mediation and arbitration

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proceedings would result in an order to show cause why the stay should not be lifted. Alternate

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Dispute Resolution is intended to proceed more expeditiously and inexpensively than litigation.

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Here, 60 days after mediation failed to resolve the parties’ disputes they have yet to select an

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arbitrator, let alone schedule arbitration while the case remains open on this court’s docket.

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IT IS OREDERED the parties shall exercise best good-faith efforts to select an arbitrator

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and schedule arbitration before the next status report. Failure to timely comply will result in an

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order to show cause why the stay should not be lifted.

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DATED this 10th day of February, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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