Free Status Report - District Court of Colorado - Colorado

Case 1:04-cv-00435-REB-MJW

Document 40

Filed 07/30/2006

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UNITED STATES DISTRICT COURT, DISTRICT OF COLORADO Civil Action No. 04-cv-435-RB-MJW JON F. MCCLELLAND, on behalf of himself and all persons similarly situated, Plaintiff, v. DIRECTV, INC., et. al., Defendants. ) ) ) ) ) ) ) )

PLAINTIFF'S STATUS REPORT
THE PARTIES ARE WAITING FOR THE COURT TO RULE ON A PENDING MOTION. On January 21, 2005, the Court granted a motion for reconsideration and ordered the matter into arbitration through American Arbitration Association. The Court ordered "the

parties" to file a status report indicating the status of the arbitration and the anticipated date of its completion on or before April 29, 2005, and every 90 days thereafter, until the arbitration is complete. On January 31, 2005, plaintiff submitted the arbitration claim to AAA, which subsequently refused to accept the case until plaintiff agreed to pay substantial arbitration costs and fees. After a lengthy period of time during which plaintiff submitted various financial documents to AAA to establish he could not afford to pay these fees, the AAA finally just refused to accept the case for arbitration. The claim never got past the input clerk. Based on AAA's conduct, plaintiff filed a motion on October 14, 2005 asking this Court to vacate or modify the previous arbitration order to address this financial catch-22 that has

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Case 1:04-cv-00435-REB-MJW

Document 40

Filed 07/30/2006

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ensnared the plaintiff. The Motion has been referred to the Magistrate. The motion has been fully briefed by both sides since November 2005. On January 26, 2006, the court ordered that the motion to vacate the arbitration order was "no longer referred" to the Magistrate. It is not clear what that "un-referral" order accomplished

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 By but there has still been no ruling on the motion to vacate and nothing is happening in this case. DATED: July 31, 2006 Respectfully submitted, __s/Jeffrey Wilens________ Jeffrey Wilens, Esq. LAKESHORE LAW CENTER 17476 Yorba Linda Blvd. #221 Yorba Linda, CA 92886 714-854-7205 714-854-7206 (fax) email: [email protected] Attorney for Plaintiff