Opinion
Case No. 2:05-CV-487-FTM-33SPC.
April 3, 2006
ORDER
This matter comes before the Court pursuant to the parties' Joint Notice of Local Rule 3.01(g) Compliance (Doc. # 16), which was filed on March 31, 2006.
The parties indicate that Defendant's Motion to Compel Arbitration and Stay Proceedings (Doc. # 14) is unopposed. In addition, Defendant withdraws its request for attorney's fees as stated in the motion to compel arbitration.
As Defendant's Motion to Compel Arbitration and Stay Proceedings (Doc. # 14) is unopposed, the Court grants the motion. The parties are directed to arbitrate this case as agreed to in the Cardmember Agreement, and this case is stayed pursuant to 9 U.S.C. § 3.
9 U.S.C. § 3 states, "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration."
Accordingly, it is hereby
ORDERED, ADJUDGED, and DECREED:
(1) Defendant's Motion to Compel Arbitration and Stay Proceedings (Doc. # 14) is GRANTED.
(2) This case is STAYED pursuant to 9 U.S.C. § 3 pending arbitration under the Cardmember Agreement.
(3) The stay of this case will remain in effect pending notification by the parties that the case is due to be dismissed.
(4) The Clerk shall terminate all pending deadlines and motions, and administratively close the case.
DONE and ORDERED.