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16-1993 - Johnson v Drake


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16-1993 - Johnson v Drake
February 9, 2017
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Findings, Conclusions and Recommendation on 8 Motion to Dismiss. It is recommended that the District Court grant Defendant's motion and dismiss without prejudice plaintiff's 1 Application for Order Confirming Domestic Arbitration Award. (Ordered by Magistrate Judge Paul D Stickney on 2/9/2017) (rekc)
March 30, 2017
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by Petitioner and Respondent to the Report. Accordingly, the court denies without prejudice Defendants Motion to Dismiss (Doc. 8); denies Defendant's Alternative Motion to Transfer Venue (Doc. 8); grants Petitioner's request for additional time to effect service of process on Respondent (Doc. 36); and directs Petitioner to effect service on Respondent of an amended application to confirm the arbitration award as set forth below and in accordance with 9 U.S.C. ยง 9 by 5/5/2017, or show good cause in writing by that date for the failure to effect service within the time required by this order. To avoid the confusion created by Petitioner's filing of a separate application and motion to confirm the arbitration award, the court also denies without prejudice Steven M. Johnson's Application for Order Confirming Domestic Arbitration Award (Doc. 1); denies without prejudice Steven M. Johnson's Motion to Confirm Domestic Arbitration Award (Doc. 3); and d***VACATED PER 51 ORDER*** MEMORANDUM OPINION AND ORDER: The court determines that the 30 findings and conclusions of the magistrate judge are correct, accepts them as those of the court as herein modified, and overrules the objections assertedirects Petitioner to file a single amended application to confirm the arbitration award by 4/10/2017. (Ordered by Judge Sam A Lindsay on 3/30/2017) (ykp) Modified on 12/20/2017 (ran).