United Association of Journeymen v. Bombard Mechanical, LLC, 2:19-cv-00431-JAD-CWH. (2019)
Court: District Court, D. Nevada
Number: infdco20190521d69
Visitors: 19
Filed: May 19, 2019
Latest Update: May 19, 2019
Summary: Order Granting Motion to Compel Arbitration [ECF No. 1] JENNIFER A. DORSEY , District Judge . The United Association of Journeymen and Apprentices of the Plumbing & Pipe Fitting Industry of the United States and Canada, Local 525, Las Vegas, Nevada AFL-CIO filed this action to compel Bombard Mechanical, LLC to arbitrate as required by Article IX of the Master Labor Agreement. 1 By stipulation, Bombard's deadline to oppose that motion was extended to May 2, 2019. 2 That deadline passed tw
Summary: Order Granting Motion to Compel Arbitration [ECF No. 1] JENNIFER A. DORSEY , District Judge . The United Association of Journeymen and Apprentices of the Plumbing & Pipe Fitting Industry of the United States and Canada, Local 525, Las Vegas, Nevada AFL-CIO filed this action to compel Bombard Mechanical, LLC to arbitrate as required by Article IX of the Master Labor Agreement. 1 By stipulation, Bombard's deadline to oppose that motion was extended to May 2, 2019. 2 That deadline passed two..
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Order Granting Motion to Compel Arbitration
[ECF No. 1]
JENNIFER A. DORSEY, District Judge.
The United Association of Journeymen and Apprentices of the Plumbing & Pipe Fitting Industry of the United States and Canada, Local 525, Las Vegas, Nevada AFL-CIO filed this action to compel Bombard Mechanical, LLC to arbitrate as required by Article IX of the Master Labor Agreement.1 By stipulation, Bombard's deadline to oppose that motion was extended to May 2, 2019.2 That deadline passed two weeks ago, and Bombard filed no response and did not seek to further extend its deadline to do so. Local Rule 7-2(d) provides that "[t]he failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney's fees, constitutes a consent to the granting of the motion." I apply this rule and construe Bombard's failure to oppose the Union's motion to compel as its consent to grant it. Accordingly,
IT IS HEREBY ORDERED that the motion to compel arbitration [ECF No. 1] is GRANTED. Bombard Mechanical, LLC must arbitrate the dispute outlined in the petition [ECF No. 1] under the terms of Article IX of the Master Labor Agreement [ECF No. 1-1].
And because this case was initiated for the purpose of compelling arbitration and that issue has now been resolved, IT IS FURTHER ORDERED that the Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
FootNotes
1. ECF No. 1.
2. ECF No. 8.
Source: Leagle
