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AMERGENT TECHS, LLC v. TransATLANTIC LINES, LLC, 16-CV-1140 JLS (JLB). (2017)

Court: District Court, N.D. California Number: infdco20170206b43 Visitors: 14
Filed: Feb. 03, 2017
Latest Update: Feb. 03, 2017
Summary: ORDER (1) LIFTING STAY; AND (2) REQUIRING PETITIONER TO FILE MOTION JANIS L. SAMMARTINO , District Judge . Presently before the Court is the parties' Joint Status Report on Petitioner's Motion to Dismiss in Transatlantic Lines LLC v. Amergent Techs, LLC, No. 1:16-cv-03549-AT (S.D.N.Y.). (ECF No. 10.) The Court previously stayed the present case pending a ruling in the New York case and ordered the parties to submit a joint status report after receiving the New York court's ruling. (ECF No
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ORDER (1) LIFTING STAY; AND (2) REQUIRING PETITIONER TO FILE MOTION

Presently before the Court is the parties' Joint Status Report on Petitioner's Motion to Dismiss in Transatlantic Lines LLC v. Amergent Techs, LLC, No. 1:16-cv-03549-AT (S.D.N.Y.). (ECF No. 10.) The Court previously stayed the present case pending a ruling in the New York case and ordered the parties to submit a joint status report after receiving the New York court's ruling. (ECF No. 9.) According to the Joint Status Report, the New York court dismissed the case with prejudice for lack of personal jurisdiction. (See ECF No. 10; see also Ex. A.)

Accordingly, the Court HEREBY LIFTS the stay on Petitioner's obligation to file a motion to compel arbitration or notice a hearing. (ECF No. 9.) In light of the New York court's ruling and pursuant to Civil Local Rule 7.1(e), the Court DENIES AS MOOT Petitioner's original Petition to Compel Arbitration (ECF No. 1).1 Petitioner SHALL FILE a renewed motion to compel arbitration, or otherwise respond to this Order, within thirty (30) days from the date on which this Order is electronically docketed.

IT IS SO ORDERED.

FootNotes


1. The Court's Order is also based on Petitioner Amergent's previous claim that "[i]f the New York Court grants Amergent's motion to dismiss, Amergent will then file its motion to compel arbitration." (ECF No. 8, at 3.)
Source:  Leagle

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