Opinion
Civil Action No.: 12-5318 (JLL)
10-24-2012
MIDOIL USA, LLC, Petitioner, v. ASTRA PROJECT FINANCE PTY LTD., Respondent.
NOT FOR PUBLICATION
ORDER
THIS MATTER comes before the Court by way of the filing of a Petition to Compel Arbitration, pursuant to the Federal Arbitration Act, 9 U.S.C. § 4. This Court had referred Petitioner's motion to compel arbitration (and Respondent's cross-motion to stay arbitration) to the Honorable Michael A. Hammer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636 (b)(1)(B). Magistrate Judge Hammer filed a Report and Recommendation in connection with the parties' applications on October 5, 2012. In particular, Magistrate Judge Hammer recommended that the undersigned deny Petitioner's motion to compel arbitration and dismiss the action. Having reviewed the Report and Recommendation, and having received no objection thereto, and for good cause shown,
IT IS on this 24th day of October, 2012,
ORDERED that the Report and Recommendation of Magistrate Judge Hammer, filed on October 5, 2012 [CM/ECF Docket Entry No. 6], is hereby ADOPTED as the findings of fact and conclusions of law of this Court; and it is further
ORDERED that Petitioner's motion to compel arbitration is denied without prejudice and the matter is hereby dismissed; and it is further
ORDERED that Respondent's motion to stay arbitration [Docket Entry No. 4] is denied as moot.
IT IS SO ORDERED.
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Jose L. Linares
United States District Judge