Filed: Jun. 05, 2019
Latest Update: Jun. 05, 2019
Summary: ORDER DENYING PLAINTIFF'S MOTION TO LIFT STAY Re: Dkt. No. 154 MAXINE M. CHESNEY , District Judge . Before the Court is plaintiff LegalForce RAPC Worldwide, P.C.'s "Motion to Lift Stay," filed May 7, 2019. Defendant LegalZoom.com, Inc. has filed opposition, to which plaintiff has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court deems the matter appropriate for determination on the parties' respective written submissions, VACATES
Summary: ORDER DENYING PLAINTIFF'S MOTION TO LIFT STAY Re: Dkt. No. 154 MAXINE M. CHESNEY , District Judge . Before the Court is plaintiff LegalForce RAPC Worldwide, P.C.'s "Motion to Lift Stay," filed May 7, 2019. Defendant LegalZoom.com, Inc. has filed opposition, to which plaintiff has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court deems the matter appropriate for determination on the parties' respective written submissions, VACATES t..
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ORDER DENYING PLAINTIFF'S MOTION TO LIFT STAY
Re: Dkt. No. 154
MAXINE M. CHESNEY, District Judge.
Before the Court is plaintiff LegalForce RAPC Worldwide, P.C.'s "Motion to Lift Stay," filed May 7, 2019. Defendant LegalZoom.com, Inc. has filed opposition, to which plaintiff has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court deems the matter appropriate for determination on the parties' respective written submissions, VACATES the hearing scheduled for September 6, 2019, and rules as follows.
For the reasons stated by defendant (see Def.'s Opp. at 1:8-21, 9:2-7, 9:17-11:9), the Court finds the motion is premature, as the arbitration proceeding remains pending. See Tillman v. Tillman, 825 F.3d 1069, 1074 (9th Cir. 2016) (holding, where party to arbitration asserts inability to pay arbitration fees, order lifting stay of court proceedings pending arbitration is "properly lift[ed]" only after arbitrator has "terminate[d]" arbitration for failure to pay required fees).1
Accordingly, plaintiff's motion is hereby DENIED without prejudice.
IT IS SO ORDERED.
FootNotes
1. In light of this finding, the Court has not addressed defendant's alternative arguments.
