Opinion
2:23-cv-00089-APG-BNW
02-03-2023
Christian Gabroy Nevada Bar No. 8805 Kaine Messer Nevada Bar No. 14240 Attorneys for Plaintiff Dana B. Salmonson Nevada Bar No. 11180 Attorney for Defendant
Christian Gabroy Nevada Bar No. 8805 Kaine Messer Nevada Bar No. 14240 Attorneys for Plaintiff
Dana B. Salmonson Nevada Bar No. 11180 Attorney for Defendant
STIPULATION AND ORDER TO DISMISS CASE AND PROCEED TO BINDING ARBITRATION
Pursuant to the Court's Order (ECF No. 7), Defendants SF Markets, LLC dba Sprouts Farmers Markets and SFM, LLC (“Defendants”) and Plaintiff Brandon MacGavin (“Plaintiff”), by and through respective counsel, hereby stipulate that the above-captioned matter be dismissed as the parties have agreed to proceed with binding arbitration.
Plaintiff's Position: Recognizing the Circuit Split on the issue of an action's dismissal or, alternatively, stay following the assertion of a purported arbitration agreement, Plaintiff's counsel appreciates the efficiency of dismissal when judicial intervention is unlikely. Plaintiff's counsel and Defendants' counsel enjoy a professional relationship of mutual respect and in light of good faith discussions, and Defendants' counsels' stellar reputation, Plaintiff's counsel does not anticipate judicial intervention in this matter is likely and therefore agrees to dismissal without prejudice as all rights, claims, and defenses in arbitration being reserved.
Thus, the parties agree that this matter is dismissed and the parties are to proceed to binding arbitration.
ORDER
IT IS SO ORDERED.