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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10 ----oo0oo----
11 PHILLIP J. BARKER,
individually and doing
12 business as SABRE ASIA, NO. CIV. S-01-0740 WBS/DAD
13 Plaintiff,
14 v. MEMORANDUM AND ORDER
15 RIO LINDA CHEMICAL COMPANY,
INC., a Delaware
16 corporation; VULCAN CHEMICAL
TECHNOLOGIES, INC., a
17 corporation; VULCAN
MATERIALS COMPANY, INC., a
18 corporation; DOES 1-500,
inclusive,
19 Defendants.
20 ----oo0oo----
21 Plaintiff seeks to confirm an arbitration award
22 against defendants Rio Linda Chemical Company, Inc., Vulcan
23 Chemical Technologies, Inc., Vulcan Materials Company, Inc.
24 and Does 1-500, inclusive ("Vulcan"). Defendants removed the
25 action to federal court pursuant to 28 U.S.C. § 1441,
26 asserting jurisdiction on the basis of diversity. See 28
27 U.S.C. § 1332. Plaintiff moves to remand.
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SNIPPETS:
22 against defendants Rio Linda Chemical Company, Inc., Vulcan
26 asserting jurisdiction on the basis of diversity.
filed suit against defendants for breach of contract
in the California Superior Court,
December 5, 1999, the Superior Court granted defendants'
motion to compel arbitration pursuant to the California
Arbitration Act, and stayed the action.
2001, the arbitrator decided in favor of plaintiff, awarding
11 vacate the arbitration award in the United States District
12 Court, Western District of Virginia, Big Stone Gap Division
On April 5, 2001, plaintiff filed a petition to
15 confirm the arbitration award in Sacramento Superior Court.1
17 Virginia to dismiss, stay or abstain the Virginia action.
22 the parties were diverse when plaintiff filed his petition.
See Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir.
17 matter jurisdiction is based on 28 U.S.C. § 1332.
28 to dismiss or stay the action and to compel arbitration.
award can be removed as a separate and independent proceeding
15 limit choice of venue; a party may file such a motion in any
16 venue proper under the general venue statute,
23 Second Circuit considered whether a federal court could
19 neutral arbitrator was timely under 28 U.S.C. § 1446.
21 arbitration and appoint a neutral arbitrator in state court,
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