Saige

FILED

NOT FOR PUBLICATION

FEB 3 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 24-4072

IN RE JACOB SAIGE; REGINALD D.C. No. 5:24-cv-00195-RGK-SHK

MCOWENS.

______________________________

MEMORANDUM*

JACOB SAIGE; REGINALD MCOWENS,

Petitioners,

v.

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF

CALIFORNIA,

Respondent,

CAPSTONE LOGISTICS, LLC.,

Real Party in Interest.

Petition for Writ of Mandamus

Argued and Submitted November 6, 2024 Pasadena, California Before: W. FLETCHER and CALLAHAN, Circuit Judges, and MÁRQUEZ, District Judge.**

Jacob Saige and Reginald McOwens petition for a writ of mandamus

vacating the district court’s order granting Defendant and Real Party in Interest

Capstone Logistics, LLC’s (“Capstone”) motion to compel arbitration and dismiss

complaint. We have jurisdiction under 28 U.S.C. § 1651 and grant mandamus

relief.

To determine whether to grant a writ of mandamus, we weigh the factors

articulated in Bauman v. U.S. District Court, 557 F.2d 650, 654–55 (9th Cir. 1977).

The five factors include:

(1) The party seeking the writ has no other…