Dalton v. Credit One Bank, N.A.

Filing 27

ORDER Pursuant to Request as stated in 26 Status Report. This case is administratively closed. Parties shall notify the Court of the results of arbitration once complete. Signed by Judge Andrew P. Gordon on 6/8/2020. (Copies have been distributed pursuant to the NEF - DRS)

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CRAIG B. FRIEDBERG, ESQ.
Nevada Bar No. 004606
4760 South Pecos Road, Suite 103
Las Vegas, Nevada 89121
Phone: [phone]
Email: [e-mail]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TED LEE DALTON,

Case No.: 2:17-cv-02369-APG-GWF

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Plaintiff,

JOINT STATUS REPORT

v.

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CREDIT ONE BANK, N.A.,

ORDER

Defendant.

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STATUS REPORT

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Pursuant to the Court’s Order for Status Report and to Show Cause (ECF No.
25), the parties hereby provide the following status report for the Court:

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An Arbitration is still pending before the parties as JAMS Reference Number

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1260004677. The Hon. Lawrence R. Leavitt (Ret.) has been appointed as arbitrator and

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has thus far granted in part and denied in part summary adjudication. The Arbitrator

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denied Defendant / Respondent’s Motion to Dismiss or in the Alternative a Motion to

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Reconsider on December 24, 2019.

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The parties have recently had a status conference call with Judge Leavitt and

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have agreed to attempt to resolve the matter and if no settlement is reached by June 12,

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2020, the parties will schedule depositions, with a discovery deadline of July 31, 2020.

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JOINT STATUS REPORT

SHOW CAUSE

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The Federal Arbitration Act includes a provision to have an arbitration award
confirmed, and it makes more sense for the Court to keep jurisdiction over the matter
for that reason, and to have this action stayed pending the conclusion of arbitration.

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The arbitration was delayed for approximately seven (7) months while the

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parties awaited a ruling from the Arbitrator on Credit One’s Motion to Reconsider. The

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parties have been diligent in proceeding during arbitration.

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Further, it is prejudicial for Plaintiff to have to pay another filing fee to open a
new case.
If the Court so desires it can administratively close the case, pending a motion to

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re-open should the parties need to do so.

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Respectfully submitted,

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Dated this 28th day of May, 2020.
BROWNSTEIN HYATT FARBER
SCHRECK,LLP

LAW OFFICES OF CRAIG B.
FRIEDBERG, ESQ.

By: s/Patrick J. Reilly
PATRICK J. REILLY, ESQ.
Attorneys for Defendant

By: s/Craig B. Friedberg______
CRAIG B. FRIEDBERG, ESQ.
Attorney for Plaintiff

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ORDER

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IT ORDERED that that the above matter is hereby
_____________________
IT IS SOIS SO ORDERED the above matter is administratively closed. The parties
shall notify the court of the results of the arbitration once completed.

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________________________________________________________________________
_______________________________________________________________________ .

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UNITED STATES DISTRICT COURT JUDGE
Dated: June 8, 2020.
DATED: __________________________________

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JOINT STATUS REPORT