Sowa v. Ring and Pinion Service Inc

UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON AT SEATTLE || ELIZABETH SOWA, 12 Plaintiff, CASE NO, 2:21-cv-00459-RAJ-BAT 13 y ORDER GRANTING DEFENDANT’S MOTION TO || RING AND PINION SERVICE INC d/b/a RANDY'S WORLDWIDE || SERVICE, 16 Defendant.

M7 Having reviewed the Report and Recommendation of the Honorable Brian A.

18 Tsuchida, United States Magistrate Judge, any objections or responses to that, and the remaining record, the Court finds and ORDERS: (1) The Court ADOPTS the Report and Recommendation. (2) The Court declines to exercise its discretion to consider Plaintiff's new evidence (Dkt. 25, 26), offered for the first time after Judge Tsuchida rendered his Report |! and Recommendation. United States v. Howell, 231 F.3d 615, 622 (9th Cir. 2000) (“[IJn ORDER GRANTING DEFENDANT’S MOTION TO DISMISS - 1 |) making a decision on whether to consider newly offered evidence, the district court must actually exercise its discretion, rather than summarily accepting or denying the motion.”).

3 (3) Defendants’ Motion to Compel Arbitration and to Dismiss (or Stay) (Dkt. 9) ||is GRANTED. The case shall be STAYED. The parties are advised to submit a Joint || Status Report within six (6) months from the date of this Order informing the Court of the status of their arbitration.

7 (4) The Clerk shall send a copy of this Order to the parties and to the || Honorable Brian A. Tsuchida. (oth 9 Dated this (/th day of January, 2022.

CL L/ fp y PAN “LY.

13 The Honorable Richard AJB nes United States District Judge -2