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MEDIVAS, LLC v. MARUBENI CORP.

No. 12-55375.

741 F.3d 4 (2014)

MEDIVAS, LLC, a California limited liability company, Plaintiff-Appellant, and Kenneth W. Carpenter; Joseph D. Dowling; T. Knox Bell; Dari Darabbeigi; Lindy Hartig; Sachio Okamura; William Summer; Paul Teirstein; William G. Turnell, individuals, Plaintiffs, v. MARUBENI CORPORATION, a Japanese corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2014.

Attorney(s) appearing for the Case

Stephen L. Schreiner (argued), Solomon Ward Seidenwurm & Smith, LLP, San Diego, CA, for Plaintiff-Appellant.

Jeffry A. Davis (argued) and Nathan R. Hamler , Mintz Levin Cohn Ferris Glovsky and Popeo, San Diego, CA, for Defendant-Appellee.

Before: ALFRED T. GOODWIN, RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges.

OPINION

FISHER, Circuit Judge:

We address whether an order compelling arbitration is appealable when the district court neither explicitly dismisses nor explicitly stays the action. We hold that such an order implicitly stays the action and thus is not "a final decision with respect to an arbitration" under the Federal Arbitration Act, 9 U.S.C. § 16(a)(3). We also adopt a rebuttable presumption that an order compelling arbitration but not explicitly...

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