Black Rock Coffee Bar, LLC v. BR Coffee, LLC et al
| Black Rock Coffee Bar, LLC |
| BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Ft. Apache OP, LLC, BR Coffee, LLC, BR Silverado Ranch OP, LLC and BR Blue Diamond OP, LLC |
| 3:2020cv00976 |
| June 17, 2020 |
| US District Court for the District of Oregon |
| Michael H Simon |
| Other Statutes: Arbitration |
| 28 U.S.C. § 185 |
| None |
Docket Report
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Filing 52
JUDGMENT - Based on the Court's OPINION AND ORDER, IT IS ORDERED AND ADJUDGED that the Petition to Compel Arbitration (ECF #1 ) is GRANTED and the parties are shall conduct arbitration in accordance with their respective agreements. Signed on 8/14/2020 by Judge Michael H. Simon. (mja)
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Filing 51
Opinion and Order - The Court will not abstain from exercising jurisdiction here, as the first-to-file rule does not apply to federal-state proceedings and the narrow justification for abstention under Colorado River is not met. On the merits of the pending petition, there is no question of material fact as to the existence and validity of an arbitration clause between the parties. Even accepting as true the facts stated by Respondents, they have not adequately alleged fraud in the execution but only fraudulent inducement. Thus, the contract may be voidable, depending on the decision of an arbitrator; it is not void, and the arbitration clause therefore requires that the dispute be resolved by an arbitrator. The Court GRANTS the Petition to Compel Arbitration (ECF #1 ) and ORDERS the parties to arbitrate this dispute consistent with the terms of their respective agreements. Signed on 8/14/2020 by Judge Michael H. Simon. (mja)
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Filing 50
MINUTES OF TELEPHONE ORAL ARGUMENT HEARING: ORDER - Petitioner's petition to compel arbitration (ECF #1 ) is taken under advisement on August 12, 2020. J. Matthew Donohue, Shannon L. Armstrong, and Kristin M. Asai present as counsel for Petitioner. Kenneth R. Davis and Jonathan W. Fountain present as counsel for Respondents. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 49
Second Declaration of Matthew J. Kreutzer . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Reply, #47 .) (Davis, Kenneth)
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Filing 48
Second Declaration of Christopher Lattanzio . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Reply, #47 .) (Davis, Kenneth)
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Filing 47
Reply Brief in Support of Opposition to Petition to Compel Arbitration. Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #31 .) (Davis, Kenneth)
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Filing 46
Brief in Support of Petition to Compel Arbitration (Reply). Filed by Black Rock Coffee Bar, LLC. (Related document(s): Brief in Support of Petition #27 .) (Armstrong, Shannon)
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Filing 45
Supplemental Declaration of Matthew J. Kreutzer . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #43 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Davis, Kenneth)
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Filing 44
Supplemental Declaration of Christopher Lattanzio . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #43 .) (Attachments: #1 Exhibit A) (Davis, Kenneth)
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Filing 43
Response to Petitioner's Brief. Oral Argument Requested. Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Brief in Support of Petition #27 .) (Davis, Kenneth)
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Filing 42
Supplemental Declaration of Shannon Armstrong In Support of Petitioner's Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Memorandum in Opposition #40 .) (Attachments: #1 Exhibit 23) (Armstrong, Shannon)
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Filing 41
Supplemental Declaration of Brian Schlect In Support of Petitioner's Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Memorandum in Opposition #40 .) (Attachments: #1 Exhibit 21, #2 Exhibit 22) (Armstrong, Shannon)
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Filing 40
Memorandum in Opposition to Respondents' Opposition to Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Armstrong, Shannon)
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Filing 39
MINUTES OF TELEPHONE CONFERENCE: Matters relating to the August 12, 2020 oral argument hearing discussed as stated on the record. Shannon L. Armstrong and J. Matthew Donohue present as counsel for Petitioner. Jonathan W. Fountain, Jennifer R. Lloyd, and Kenneth R. Davis present as counsel for Respondent. Court Reporter: Bonita Schumway. Judge Michael H. Simon presiding. (mja)
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Filing 38
Scheduling Order by Judge Michael H. Simon. ORDER - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the Telephone Conference from 7/29/2020 at 4:00PM to 7/29/2020 at 03:30PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 37
Scheduling Order by Judge Michael H. Simon. ORDER - At the Petitioner's request, the Court is setting a Telephone Conference to discuss the issues outlined in counsel for Petitioner's email to the Court dated July 28, 2020, for 7/29/2020 at 04:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 36
ORDER - Respondents' Motion for Leave to Appear Pro Hac Vice for attorney Jennifer R. Lloyd (ECF #26 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jennifer R. Lloyd. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7013563 #26 : Reviewed and Ready for Ruling. (ecp)
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Filing 35
Declaration of Christopher Lattanzio . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #31 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Davis, Kenneth)
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Filing 34
Declaration of Matthew J. Kreutzer . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #31 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Davis, Kenneth)
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Filing 33
Declaration of Michael Goergen . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #31 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Davis, Kenneth)
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Filing 32
Declaration of Jonathan W. Fountain . Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Response, #31 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Davis, Kenneth)
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Filing 31
Response in Opposition to Petition to Compel Arbitration (ORAL ARGUMENT REQUESTED). Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Related document(s): Petition,, #1 .) (Davis, Kenneth)
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Filing 30
Declaration of Shannon Armstrong in Support of Petitioner's Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Brief in Support of Petition #27 .) (Attachments: #1 Exhibit 19 (Redline comparison), #2 Exhibit 20 (Docket report)) (Armstrong, Shannon)
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Filing 29
Declaration of Brian Schlect in Support of Petitioner's Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Brief in Support of Petition #27 .) (Attachments: #1 Exhibit 8 (GTA redline), #2 Exhibit 9 (Email communication), #3 Exhibit 10 (Email communication), #4 Exhibit 11 (Email communication), #5 Exhibit 12 (Email communication), #6 Exhibit 13 (Email communication), #7 Exhibit 14 (Email communication), #8 Exhibit 15 (Email communication), #9 Exhibit 16 (Email communication), #10 Exhibit 17 (Email communication), #11 Exhibit 18 (Email communication)) (Armstrong, Shannon)
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Filing 28
Declaration of Bryan Pereboom in Support of Petitioner's Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Brief in Support of Petition #27 .) (Attachments: #1 Exhibit 1 (Org Chart), #2 Exhibit 2 (2018 FDD), #3 Exhibit 3 (Email communication), #4 Exhibit 4 (GTA redline), #5 Exhibit 5 (Email communication), #6 Exhibit 6 (GTA redline), #7 Exhibit 7 (OSB letter)) (Armstrong, Shannon)
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Filing 27
Brief in Support of Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Petition #1 , Scheduling Conference 22 .) (Armstrong, Shannon)
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Filing 26
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jennifer R. Lloyd. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7013563. Filed by BR Coffee, LLC, BR Blue Diamond OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC, BR Ft. Apache OP, LLC. (Davis, Kenneth)
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Filing 25
ORDER - Respondents' Motion for Leave to Appear Pro Hac Vice (ECF #24 ) is GRANTED as to Jonathan W. Fountain. Ordered by Judge Michael H. Simon. (mja)
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Filing 24
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jonathan W. Fountain. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6993775. Filed by BR Coffee, LLC, BR Blue Diamond OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC, BR Ft. Apache OP, LLC. (Davis, Kenneth)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jonathan W. Fountain. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6993775 #24 : Reviewed and Ready for Ruling. (ecp)
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Filing 23
Notice of Appearance of Mohammed Workicho appearing on behalf of BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC Filed by on behalf of BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Workicho, Mohammed)
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Filing 22
MINUTES OF TELEPHONE CONFERENCE: ORDER - Not later than July 21, 2020, the parties shall file simultaneous opening briefs and evidence on the following three questions: (1) Is there an agreement to arbitrate? (2) If so, what is the scope of that agreement and what issues are to be arbitrated? (3) Under the first-to-file doctrine, should the U.S. District Court for the District of Oregon decide questions (1) and (2) or should the Court stay this action in favor of the lawsuit that is proceeding in California state court? Not later than August 4, 2020, the parties shall file simultaneous responses. The parties may file optional replies, if necessary, not later than August 7, 2020. The Court will hear oral argument by telephone on Wednesday, August 12, 2020 at 01:00PM, unless the Court determines that a hearing by Zoom videoconference is more appropriate. The Court will provide the parties with a call-in number by separate sealed entry. Shannon L. Armstrong, Kristin M. Asai, and J. Matthew Donohue present as counsel for Petitioner. Kenneth R. Davis II, Jonathan Fountain, and Jennifer Lloyd present as counsel for Respondents. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
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Filing 21
Scheduling Order by Judge Michael H. Simon. ORDER - Setting a Telephone Conference to discuss Respondent's Motion for Extension of Time (ECF #17 ) for 7/7/2020 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 20
Notice of Appearance of Kenneth R. Davis, II appearing on behalf of BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC Filed by on behalf of BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Davis, Kenneth)
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Filing 19
Declaration of Kristin Asai in Support of Petitioner's Opposition to Motion for Extension. Filed by Black Rock Coffee Bar, LLC. (Related document(s): Response in Opposition to Motion #18 .) (Attachments: #1 Exhibit 1 (6/25/20 letter), #2 Exhibit 2 (6/18/20 email)) (Armstrong, Shannon)
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Filing 18
Response in Opposition to Motion for Extension of Time to File Response to Petition to Compel Arbitration #17 Oral Argument requested. Filed by Black Rock Coffee Bar, LLC. (Armstrong, Shannon)
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Filing 17
Motion for Extension of Time to File Response to Petition to Compel Arbitration. Expedited Hearing requested. Filed by BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC. (Workicho, Mohammed)
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Filing 16
Affidavit of Service of Summons Issued #7 upon BR Silverado Ranch OP, LLC served on 6/23/2020 Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 15
Affidavit of Service of Summons Issued #5 upon BR Rainbow OP, LLC served on 6/23/2020 Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 14
Affidavit of Service of Summons Issued #9 upon BR Rainbow North OP, LLC served on 6/23/2020 Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 13
Affidavit of Service of Summons Issued #8 upon BR Ft. Apache OP, LLC served on 6/23/2020 Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 12
Affidavit of Service of Summons Issued #4 upon BR Coffee, LLC served on 6/23/2020 Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 11
Affidavit of Service of Summons Issued #6 upon BR Blue Diamond OP, LLC served on 6/23/2020 Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 10
Corporate Disclosure Statement . Filed by Black Rock Coffee Bar, LLC. (Asai, Kristin)
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Filing 9
Summons Issued Electronically as to BR Rainbow North OP, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
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Filing 8
Summons Issued Electronically as to BR Ft. Apache OP, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
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Filing 7
Summons Issued Electronically as to BR Silverado Ranch OP, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
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Filing 6
Summons Issued Electronically as to BR Blue Diamond OP, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
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Filing 5
Summons Issued Electronically as to BR Rainbow OP, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
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Filing 4
Summons Issued Electronically as to BR Coffee, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (rs)
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Filing 3
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 10/16/2020. Joint Alternate Dispute Resolution Report is due by 11/16/2020. Pretrial Order is due by 11/16/2020. Ordered by Judge Michael H. Simon. (rs)
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Filing 2
Declaration of J. Matthew Donohue in Support of Petition to Compel Arbitration. Filed by Black Rock Coffee Bar, LLC. (Attachments: #1 Exhibit 1 (Arbitration Demand), #2 Exhibit 2 (GTA), #3 Exhibit 3 (Franchise Agreement with BR Rainbow), #4 Exhibit 4 (Franchise Agreement with BR Blue Diamond), #5 Exhibit 5 (Franchise Agreement with BR Silverado), #6 Exhibit 6 (June 8, 2020 letter), #7 Exhibit 7 (June 16, 2020 letter), #8 Exhibit 8 (California complaint), #9 Exhibit 9 AAA Rule), #10 Exhibit 10 (Assignment of Lease), #11 Exhibit 11 (May 16, 2020 letter)) (Donohue, J.)
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Filing 1
Petition to Compel Arbitration Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6853398. Filed by Black Rock Coffee Bar, LLC against BR Blue Diamond OP, LLC, BR Coffee, LLC, BR Ft. Apache OP, LLC, BR Rainbow North OP, LLC, BR Rainbow OP, LLC, BR Silverado Ranch OP, LLC (Attachments: #1 Civil Cover Sheet, #2 Attachment to Civil Case Cover Sheet, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons). (Donohue, J.)
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