Reath v. Credit One Financial et al

Filing 29

ORDER re 28 Joint Status Report. IT IS SO ORDERED that the parties shall comply with the court's order to proceed with arbitration within the next 60 days or the stay will be lifted, and a discovery plan and scheduling order will be entered to get this case resolved. Signed by Magistrate Judge Peggy A. Leen on 7/31/2017. (Copies have been distributed pursuant to the NEF - JM)

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    1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 SCOTT REATH, Case No. 2:16-cv-02622-APG-PAL 8 9 10 Plaintiff, v. ORDER CREDIT ONE FINANCIAL, et al., Defendants. 11 12 This matter is before the court on the parties’ Joint Status Report Regarding Arbitration 13 Proceedings (ECF No. 28). The parties advise that “they are in the process of submitting the claim 14 to a mutually agreeable arbitrator, and have discussed the possibility of resolving this matter to 15 preserve unnecessary attorney’s fees and costs.” They propose to file another status report by 16 September 25, 2017. 17 On May 30, 2017, the court granted the parties’ stipulation to stay pending their agreement 18 to arbitrate. The order expressly provided that “the parties shall exercise their best good-faith 19 efforts to schedule and complete arbitration proceedings and expeditiously as possible.” The order 20 also required the parties to submit status reports every 60 days until arbitration was completed. 21 The statement that the parties “are in the process of submitting the claim to a mutually acceptable 22 arbitrator” is insufficient to satisfy the court that the parties are attempting to comply with this 23 court’s order. The status report does not specify what efforts have been made, when they were 24 made, or whether and to whom a claim for arbitration has actually been submitted, only that they 25 are “in the process.” The court will not allow this case to languish on its docket, and will lift the 26 stay if the parties do not demonstrate they are exercising their best good-faith efforts to resolve 27 this case as expeditiously as possible as ordered. 28 /// 1     1 IT IS SO ORDERED that the parties shall comply with the court’s order to proceed with 2 arbitration within the next 60 days or the stay will be lifted, and a discovery plan and scheduling 3 order will be entered to get this case resolved. 4 DATED this 31st day of July, 2017. 5 6 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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