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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?