American Radio Association, AFL-CIO v. Patriot Contract Services, LLC
Filing
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ORDER by Judge Hamilton denying 4 Motion to Compel (pjhlc2, COURT STAFF) (Filed on 8/29/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AMERICAN RADIO ASSOCIATION,
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Plaintiff(s),
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v.
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ORDER DENYING MOTION TO
COMPEL ARBITRATION
PATRIOT CONTRACT SERVICES,
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No. C 12-3090 PJH
Defendant(s).
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Petitioner American Radio Association’s motion to compel arbitration came on for
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hearing before this court on August 29, 2012. Petitioner American Radio Association
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(“petitioner”) appeared through its counsel, David Rosenfeld. Respondent Patriot Contract
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Services (“respondent”) appeared through its counsel, Jane Jacobs. Having read the
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papers filed in conjunction with the motion and carefully considered the arguments and the
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relevant legal authority, and good cause appearing, the court hereby DENIES petitioner’s
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motion, for the reasons stated at the hearing, and summarized as follows.
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Critically, the court notes that respondent has already agreed to submit to arbitration.
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Thus, there is no need for the court to “compel arbitration,” as requested by petitioner. Any
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remaining disputes as to the arbitration procedure and its location, that have arisen given
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the current impossibility of compliance with all of the terms of the collective bargaining
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agreement, are to be negotiated and agreed upon by the parties without court intervention.
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As this litigation was commenced with the filing of the petition to compel arbitration
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and in light of its denial, this matter is terminated. The Clerk shall close the file.
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IT IS SO ORDERED.
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Dated: August 29, 2012
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______________________________
PHYLLIS J. HAMILTON
United States District Judge
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