Eggelston v. Marshall Durbin Food Corporation
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|Date Filed||#||Document Text|
|February 4, 2016
ORDER that the report and recommendation is due to be adopted and accepted in part and reversed in part.The Court is of the opinion that the new case should be randomly assigned in accordance with the Courts internal operating procedures;Marshall Dur bins Motion to Vacate Arbitrators Award or in the Alternative, Motion to Reinstate CV 10-2290 and Vacate (doc. 21) is hereby DENIED IN PART, specifically to the extent that it asks the Court to reinstate this closed civil action that was dismissed on June 21, 2012. The Clerk is hereby DIRECTED to open a new case with a new case number, randomly assign it in accordance with the Courts internal operating procedures, and refile Marshall Durbins pending motion (doc. 21) as the initial pleading in the new case, as an application to vacate an arbitration award pursuant to 9 U.S.C. § 9. Signed by Magistrate Judge John E Ott on 2/4/2016. (KAM, )
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