Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: NOT FOR PUBLICATION MEMORANDUM ORDER ANNE E. THOMPSON , District Judge . IT APPEARING that, on October 15, 2018, the Court ordered the parties to proceed with arbitration and to stay proceedings pending the conclusion of arbitration (ECF No. 36); and it further APPEARING that Plaintiff Craig Schmell now files a Motion to Certify the Court's October 15, 2018 Order for Interlocutory Appeal (ECF No. 40); and it further APPEARING that such a certification is a matter of the district court's
Summary: NOT FOR PUBLICATION MEMORANDUM ORDER ANNE E. THOMPSON , District Judge . IT APPEARING that, on October 15, 2018, the Court ordered the parties to proceed with arbitration and to stay proceedings pending the conclusion of arbitration (ECF No. 36); and it further APPEARING that Plaintiff Craig Schmell now files a Motion to Certify the Court's October 15, 2018 Order for Interlocutory Appeal (ECF No. 40); and it further APPEARING that such a certification is a matter of the district court's d..
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NOT FOR PUBLICATION
MEMORANDUM ORDER
ANNE E. THOMPSON, District Judge.
IT APPEARING that, on October 15, 2018, the Court ordered the parties to proceed with arbitration and to stay proceedings pending the conclusion of arbitration (ECF No. 36); and it further
APPEARING that Plaintiff Craig Schmell now files a Motion to Certify the Court's October 15, 2018 Order for Interlocutory Appeal (ECF No. 40); and it further
APPEARING that such a certification is a matter of the district court's discretion, Swint v. Chambers Cty. Comm'n, 514 U.S. 35, 47 (1995); and it further
APPEARING that such a certification may be granted "[w]hen a district judge . . . shall be of the opinion that . . . an immediate appeal from the order may materially advance the ultimate termination of the litigation," 28 U.S.C. § 1292(b); and it further
APPEARING that "an immediate appeal of [an order compelling arbitration] will not advance the ultimate termination of the litigation, particularly in light of the superior efficiencies of arbitration versus traditional litigation," Demetriou v. EarthLink, Inc., 2010 WL 11566063, at *2 (citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. 473 U.S. 614, 633 (1985));
IT IS on this ____ day of December, 2018,
ORDERED that Plaintiff's Motion to Certify the Court's October 15, 2018 Order for Interlocutory Appeal (ECF No. 40) is DENIED.
