Golden Phoenix Minerals, Inc., vs Pinnacle Minerals, Inc.

Filing 18

ORDER granting 13 Motion to Stay, staying case; denying without prejudice 12 Motion to Vacate Arbitration Award. Signed by Judge Robert C. Jones on 12/4/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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______________________________________
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GOLDEN PHOENIX MINERALS, INC.,
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Petitioner,
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vs.
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PINNACLE MINERALS, INC.,
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Respondent.
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3:15-cv-00521-RCJ-WGC
ORDER

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In 2013, Respondent Pinnacle Minerals, Inc. sued Petitioner Golden Phoenix Minerals,

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Inc. in this District on two promissory notes. That case, No. 2:13-cv-915, was assigned to the

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Hon. Miranda Du. Before any answer or motion for summary judgment was filed, Respondent

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voluntarily dismissed as of right because the parties had agreed to arbitrate the claims. The Hon.

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Jerry Carr Whitehead (Ret.) is presiding over the ongoing arbitration. Petitioner filed a

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counterclaim for breach of contract. The arbitrator ruled in favor of Petitioner, awarding it

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$573,469. Petitioner filed the present action for confirmation of the arbitration award in state

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court. Respondent removed and filed motions to vacate the award and to stay the case until the

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arbitrator rules on a pending motion to reconsider. Petitioner has filed a notice of non-opposition

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as to the motion to stay.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Stay (ECF No. 13) is GRANTED, and the
case is STAYED.
IT IS FURTHER ORDERED that the Motion to Vacate Arbitration Award (ECF No. 12)
is DENIED without prejudice.
IT IS SO ORDERED.
Dated thisThis 4day of of December, 2015.
DATED: 23rd th day November, 2015.

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_____________________________________
ROBERT C. JONES
United States District Judge

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