Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Let's Go Aero, Inc. v. Cequent Performance Products, Inc.

United States District Court, D. Colorado

March 20, 2015

LET'S GO AERO, INC., a Colorado corporation, Plaintiff,
v.
CEQUENT PERFORMANCE PRODUCTS, INC., a Delaware corporation, f/k/a Cequent Towing Products, Inc., Defendant.

ORDER

RAYMOND P. MOORE, District Judge.

This matter is before the Court on Defendant Cequent Performance Products, Inc.'s ("Cequent") motion to stay (ECF No. 50) the matter pending resolution of Cequent's appeal before the United States Court of Appeals for the Federal Circuit (ECF No. 49). Plaintiff Let's Go Aero, Inc. ("LGA") opposes[1] Defendant's motion. (ECF No. 51.)

For the reasons stated below, the Court GRANTS Defendant's motion to stay.

I. RELEVANT BACKGROUND

A. Factual Background

The Court previously set forth the relevant factual background in its prior order. (ECF No. 46 at 1-4.)

B. Procedural Background

On January 28, 2015, the Court granted, in part, and denied, in part, Defendant's motion to compel arbitration. (ECF No. 46.) The Court found that Claims One, Two, Three, Six, Ten, and Twelve of Plaintiff's Second Amended Complaint (ECF No. 15) were arbitrable. (ECF No. 46 at 22.) The Court stayed the matter as to those claims pending de novo resolution of Cequent Performance Products, Inc. v. Let's Go Aero, Inc., 1:14-CV-08457 in the United States District Court for the Northern District of Illinois (hereinafter " Illinois Action "). (ECF No. 46 at 20-22.) The Court denied, in part, Defendant's motion to compel arbitration as to Claims Four, Five, Seven, Eight, Nine, and Eleven of Plaintiff's Second Amended Complaint (ECF No. 15), and reserved ruling on whether to stay the entire proceedings. (ECF No. 46 at 23.)

On February 3, 2015, Defendant filed a notice of appeal to the Federal Circuit. (ECF No. 47.) On February 4, 2015, Defendant moved to stay this matter pending resolution of its appeal. (ECF No. 50.)

II. LEGAL STANDARDS

A. Federal Arbitration Act

Section 16(a) of the Federal Arbitration Act ("FAA"), in pertinent part, provides that: An appeal may be taken from-
(1) an order-
(A) refusing a stay of any action under section 3 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.