Filed: Nov. 05, 2019
Latest Update: Nov. 05, 2019
Summary: ORDER WITHDRAWING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY ACTION PENDING SETTLEMENT JOHN A. HOUSTON , District Judge . On April 26, 2019, Defendant BMW of North America, LLC ("Defendant") filed a Motion to Compel Arbitration and Stay Action [Doc. No. 10]. No opposition was filed by Plaintiff Dennis Stevens ("Plaintiff"). The Court received notice of a settlement between the parties and found it appropriate to withdraw the motion with leave to refile should the parties fail to reac
Summary: ORDER WITHDRAWING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY ACTION PENDING SETTLEMENT JOHN A. HOUSTON , District Judge . On April 26, 2019, Defendant BMW of North America, LLC ("Defendant") filed a Motion to Compel Arbitration and Stay Action [Doc. No. 10]. No opposition was filed by Plaintiff Dennis Stevens ("Plaintiff"). The Court received notice of a settlement between the parties and found it appropriate to withdraw the motion with leave to refile should the parties fail to reach..
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ORDER WITHDRAWING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND STAY ACTION PENDING SETTLEMENT
JOHN A. HOUSTON, District Judge.
On April 26, 2019, Defendant BMW of North America, LLC ("Defendant") filed a Motion to Compel Arbitration and Stay Action [Doc. No. 10]. No opposition was filed by Plaintiff Dennis Stevens ("Plaintiff"). The Court received notice of a settlement between the parties and found it appropriate to withdraw the motion with leave to refile should the parties fail to reach a settlement agreement. See Doc. Nos. 15,16.
On September 26, 2019, Defendant refiled the Motion to Compel Arbitration and Stay Action. [Doc. No. 23]. A settlement disposition conference was held on October 15, 2019 and discussions continued. On November 1, 2019, Defendant noticed the Court that the parties executed a written settlement agreement and requested the motion be withdrawn.
Good cause appearing, the Court withdraws the Motion to Compel Arbitration and Stay Action. Should the settlement not result in dismissal of the case in its entirety, the parties may refile appropriate motions.
Accordingly, IT IS HEREBY ORDERED Defendant's motion to compel arbitration and stay action is WITHDRAWN and the hearing date set for November 18, 2019 is VACATED.
IT IS SO ORDERED.
