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Carmax Auto Superstores California, LLC v. Halish, 18-cv-04666-EDL. (2018)

Court: District Court, N.D. California Number: infdco20181212a40 Visitors: 9
Filed: Dec. 06, 2018
Latest Update: Dec. 06, 2018
Summary: JOINT STIPULATION TO WITHDRAW RESPONDENT'S MOTION TO DISMISS PETITIONER'S PETITION FOR ORDER COMPELLING ARBITRATION FOR FAILURE TO COMPLY WITH LOCAL RULE 7-2(A) AND PETITIONER'S MOTION TO COMPEL ARBITRATION; [PROPOSED] ORDER ELIZABETH D. LAPORTE , Magistrate Judge . WHEREAS, Petitioner CarMax Auto Superstores California, LLC ("CarMax" or "Petitioner") filed a Petition for Order Compelling Arbitration Proceeding Pursuant to Federal Arbitration Act ("Petition to Compel Arbitration") against R
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JOINT STIPULATION TO WITHDRAW RESPONDENT'S MOTION TO DISMISS PETITIONER'S PETITION FOR ORDER COMPELLING ARBITRATION FOR FAILURE TO COMPLY WITH LOCAL RULE 7-2(A) AND PETITIONER'S MOTION TO COMPEL ARBITRATION; [PROPOSED] ORDER

WHEREAS, Petitioner CarMax Auto Superstores California, LLC ("CarMax" or "Petitioner") filed a Petition for Order Compelling Arbitration Proceeding Pursuant to Federal Arbitration Act ("Petition to Compel Arbitration") against Respondent Judith Halish ("Respondent") on August 2, 2018 (Dkt. 1);

WHEREAS, Respondent filed a Motion to Dismiss Petitioner's Petition for Order Compelling Arbitration For Failure to Comply with Local Rule 7-2(a) on October 22, 2018 (Dkt. 18);

WHEREAS, Petitioner filed an Opposition to Respondent's Motion to Dismiss on November 5, 2018 (Dkt. 23);

WHEREAS, Respondent filed a Reply In Support of Her Motion to Dismiss on November 13, 2018 (Dkt. 26);

WHEREAS Petitioner filed a Motion to Compel Arbitration on November 13, 2018 (Dkt. 25);

WHEREAS, the Court is scheduled to hear Respondent's Motion to Dismiss and Petitioner's Motion to Compel Arbitration on January 15, 2019;

WHEREAS, the parties have met and conferred and agreed to stipulate to arbitration and withdraw their respective pending motions;

THEREFORE, the parties, through their respective attorneys of record, hereby stipulate to the following:

1. Respondent's Motion to Dismiss Petitioner's Petition for Order Compelling Arbitration For Failure to Comply with Local Rule 7-2(a) shall be withdrawn and taken off calendar. 2. Petitioner's Motion to Compel Arbitration shall be withdrawn and taken off calendar.

ATTESTATION OF SIGNATURE

Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in the filing of this document has been obtained from the other signatory above.

[PROPOSED] ORDER

Pursuant to the stipulation of the Parties, Respondent Judith Halish's Motion to Dismiss Petitioner's Petition for Order Compelling Arbitration For Failure to Comply with Local Rule 7-2(a) and Petitioner CarMax Auto Superstores California, LLC's Motion to Compel Arbitration are withdrawn and taken off calendar.

IT IS SO ORDERED.

Source:  Leagle

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