Williams v. Independence University et al
Filing
18
MEMORANDUM DECISION AND ORDER granting 15 Motion to Strike 11 Motion to Dismiss Defendant Steven's Henager College and Independence University; granting 16 Motion to Stay. This case therefore is STAYED and is administratively closed pending arbitration. Plaintiff may move the court to reopen his case once the arbitration is completed. Signed by Magistrate Judge Dustin B. Pead on 10/13/2020. (lnp)
Case 2:20-cv-00246-HCN Document 18 Filed 10/13/20 PageID.267 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
AHMUAN WILLIAMS,
v.
Plaintiff,
STEVEN'S HENAGER COLLEGE, et al.,
Defendants.
MEMORANDUM DECISION AND
ORDER
Case No. 2:20-cv-246 HCN
District Judge Howard C. Nielson
Chief Magistrate Judge Dustin B. Pead
This case is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) from Judge
Howard Nielson. (ECF No. 13.) Before the court are three motions from Plaintiff Ahmuan
Williams who is proceeding pro se. Mr. Williams first filed a Motion to Dismiss Defendant
Steven’s Henager College and Independence University. (ECF No. 11.) Then Mr. Williams
sought to strike this motion. (ECF No. 15.) And most recently, Plaintiff filed a Motion to Stay
this case pending arbitration under 9 U.S.C. § 3. (ECF No. 16.) The court addresses these
motions as set forth below.
Before turning to Plaintiff’s motions, the court notes that a review of the docket indicates
this case is still in its relative infancy. Plaintiff filed an Amended Complaint that has not been
answered by any of the Defendants, presumably due to Plaintiff’s Motion to Dismiss these
Defendants. Additionally, there is no proof of service filed by Plaintiff, but it does appear the
parties are communicating concerning this lawsuit based on Plaintiff’s filings. Given this
backdrop, it is not surprising that the motions are unopposed.
The court therefore GRANTS Plaintiff’s Motion to Strike its Motion to Dismiss.
Plaintiff’s Motion to Stay this matter pending arbitration is also GRANTED. Title 9 section 3 of
the U.S. Code provides:
Case 2:20-cv-00246-HCN Document 18 Filed 10/13/20 PageID.268 Page 2 of 2
If any suit or proceeding be brought in any of the courts of the United States upon
any issue referable to arbitration under an agreement in writing for such
arbitration, the court in which such suit is pending, upon being satisfied that the
issue involved in such suit or proceeding is referable to arbitration under such an
agreement, shall on application of one of the parties stay the trial of the action
until such arbitration has been had in accordance with the terms of the agreement,
providing the applicant for the stay is not in default in proceeding with such
arbitration.
9 U.S.C. § 3. The court is persuaded that the requirements for arbitration are met here. This case
therefore is STAYED and is administratively closed pending arbitration. Plaintiff may move the
court to reopen his case once the arbitration is completed.
IT IS SO ORDERED.
DATED this 13 October 2020.
Dustin B. Pead
United States Magistrate Judge
2
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