Nita v. Macy's West Stores, Inc., 18cv527-LAB (BGS). (2018)
Court: District Court, N.D. California
Number: infdco20180618719
Visitors: 11
Filed: Jun. 15, 2018
Latest Update: Jun. 15, 2018
Summary: ORDER GRANTING STAY [Dkt. 10] LARRY ALAN BURNS , District Judge . The parties ask for a stay until Dan Nita files a demand for arbitration with the American Arbitration Association. The Court "shall on application of one of the parties stay the trial of the action until such arbitration has been had." 9 U.S.C. 3. But the "Ninth Circuit has held that 3 does not impose a mandatory duty to stay on district courts. Thus, even where a party seeks a stay under 3, the court has discretion to
Summary: ORDER GRANTING STAY [Dkt. 10] LARRY ALAN BURNS , District Judge . The parties ask for a stay until Dan Nita files a demand for arbitration with the American Arbitration Association. The Court "shall on application of one of the parties stay the trial of the action until such arbitration has been had." 9 U.S.C. 3. But the "Ninth Circuit has held that 3 does not impose a mandatory duty to stay on district courts. Thus, even where a party seeks a stay under 3, the court has discretion to ..
More
ORDER GRANTING STAY [Dkt. 10]
LARRY ALAN BURNS, District Judge.
The parties ask for a stay until Dan Nita files a demand for arbitration with the American Arbitration Association. The Court "shall on application of one of the parties stay the trial of the action until such arbitration has been had." 9 U.S.C. § 3. But the "Ninth Circuit has held that § 3 does not impose a mandatory duty to stay on district courts. Thus, even where a party seeks a stay under § 3, the court has discretion to dismiss under Rule 12(b)(6) if it finds that all of the claims before it are arbitrable." KKE Architects, Inc. v. Diamond Ridge, 2008 WL 637603, at *5 (C.D. Cal. Mar. 3, 2008) (citing cases). The Court agrees with the parties: all of the claims here are arbitrable. But the Court doesn't want this case to sit on the docket. The case is stayed for one month. If Nita doesn't file a demand for arbitration and a motion to dismiss this action by July 13, 2018, the Court will dismiss this case. The motion to compel arbitration is denied as moot. [Dkt. 9.]
IT IS SO ORDERED.
Source: Leagle
