GOLDEN PHOENIX MINERALS, INC. v. PINNACLE MINERALS, INC., 3:15-cv-00521-RCJ-WGC. (2015)
Court: District Court, D. Nevada
Number: infdco20151207e94
Visitors: 5
Filed: Dec. 04, 2015
Latest Update: Dec. 04, 2015
Summary: ORDER ROBERT C. JONES , District Judge . In 2013, Respondent Pinnacle Minerals, Inc. sued Petitioner Golden Phoenix Minerals, Inc. in this District on two promissory notes. That case, No. 2:13-cv-915, was assigned to the Hon. Miranda Du. Before any answer or motion for summary judgment was filed, Respondent voluntarily dismissed as of right because the parties had agreed to arbitrate the claims. The Hon. Jerry Carr Whitehead (Ret.) is presiding over the ongoing arbitration. Petitioner filed
Summary: ORDER ROBERT C. JONES , District Judge . In 2013, Respondent Pinnacle Minerals, Inc. sued Petitioner Golden Phoenix Minerals, Inc. in this District on two promissory notes. That case, No. 2:13-cv-915, was assigned to the Hon. Miranda Du. Before any answer or motion for summary judgment was filed, Respondent voluntarily dismissed as of right because the parties had agreed to arbitrate the claims. The Hon. Jerry Carr Whitehead (Ret.) is presiding over the ongoing arbitration. Petitioner filed ..
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ORDER
ROBERT C. JONES, District Judge.
In 2013, Respondent Pinnacle Minerals, Inc. sued Petitioner Golden Phoenix Minerals, Inc. in this District on two promissory notes. That case, No. 2:13-cv-915, was assigned to the Hon. Miranda Du. Before any answer or motion for summary judgment was filed, Respondent voluntarily dismissed as of right because the parties had agreed to arbitrate the claims. The Hon. Jerry Carr Whitehead (Ret.) is presiding over the ongoing arbitration. Petitioner filed a counterclaim for breach of contract. The arbitrator ruled in favor of Petitioner, awarding it $573,469. Petitioner filed the present action for confirmation of the arbitration award in state court. Respondent removed and filed motions to vacate the award and to stay the case until the arbitrator rules on a pending motion to reconsider. Petitioner has filed a notice of non-opposition as to the motion to stay.
CONCLUSION
IT IS HEREBY ORDERED that the Motion to Stay (ECF No. 13) is GRANTED, and the case is STAYED.
IT IS FURTHER ORDERED that the Motion to Vacate Arbitration Award (ECF No. 12) is DENIED without prejudice.
IT IS SO ORDERED.
Source: Leagle
