In re Boon Global Limited, No. 18-71347 (9th Cir. 2019)
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The Ninth Circuit denied a petition for writ of mandamus seeking to direct the district court to vacate its order compelling third parties to arbitration. The petition related to an arbitration clause in a software development and licensing agreement.
Considering the factors in Bauman v. U.S. Dist. Court, 557 F.2d 650, 654-55 (9th Cir. 1977), the panel held that the district court applied incorrect legal tests, and did not provide sufficient jurisdictional analysis on the current record. Furthermore, the district court's ultimate finding of jurisdiction was not clear. Therefore, because the district court's finding of jurisdiction over the third parties could possibly prove correct, the highly deferential clear error standard was not satisfied and mandamus relief was improper. The panel also held that the other Bauman factors likewise support denying mandamus relief where the third parties have not shown they lack an adequate remedy at law or they will be damaged or prejudiced in a way not correctable on appeal and third parties have not shown that the district court's order was an oft-repeated error, or manifests a persistent disregard of the federal rules.
Court Description: Mandamus. The panel denied a petition for a writ of mandamus that sought to direct the district court to vacate its order compelling third parties to arbitration, arising from an arbitration clause in a software development and licensing agreement. In deciding whether to grant mandamus relief, the panel considered the five factors outlined in Bauman v. U.S. Dist. Court, 557 F.2d 650, 654-55 (9th Cir. 1977). The panel began with the third factor – clear error – because its absence was dispositive. The panel held that the district court applied
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