Opinion
CASE NO. CV F 12-0417 LJO DLB
11-01-2012
MICHAEL LUCHINI, Plaintiff, v. CARMAX, INC., et al., Defendants.
ORDER TO CONTINUE STAY AND FOR
STATUS REPORT
(Doc. 79.)
This Court has reviewed the parties' October 31, 2012 status report. Given the Ninth Circuit's en banc rehearing of Kilgore v. KeyBank, Nat. Ass'n, 673 F.3d 947 (9th Cir. 2012), this Court:
1. CONTINUES the stay of this action in interests to preserve the parties' resources;
2. DENIES defendants' request to order plaintiff to initiate arbitration within 15 days; and
3. ORDERS the parties, no later than December 31, 2012, to file to file a joint status report to address the status of the Kilgore en banc decision, need to continue stay of this action, and whether plaintiff should initiate arbitration of plaintiff's individual claims or dismiss this action.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE