China National Metal Products Import/Export Co. v. Apex Digital, Inc.

ORDER 1) GRANTING DEFENDANT APEX DIGITAL, INC.’S MOTION FOR REVIEW AND RECONSIDERATION OF THE UNITED STATE MAGISTRATE JUDGE’ ORDER GRANTING PLAINTIFF’S APPLICATION FOR WRIT OF ATTACHMENT; 2) SETTING ASIDE THE ORDER GRANTING PLAINTIFF’S APPLICATION FOR WRIT OF ATTACHMENT; 3) REFERRING THE CLAIMS IN THIS ACTION TO ARBITRATION; 4)GRANTING DEFENDANT APEX DIGITAL, INC.’S MOTION TO DISMISS; 5) DENYING DEFENDANT APEX DIGITAL, INC.’S REQUEST FOR A STAY; AND 6) DENYING APEX DIGITAL, INC.’S REQUEST FOR IMMEDIATE CERTIFICATION.

The court, Judge Robert J. Timlin, has read and considered defendant Apex Digital, Inc. (“Apex”)’s 1) motion for review and reconsideration of the United States magistrate (“magistrate judge”)’s order granting plaintiffs application for a right to attach order and issuance of a writ of attachment (“writ of attachment”) and 2) request for a stay of the attachment or stay of the enforcement of the attachment (“request for stay”), or in the alternative request for immediate certification for appeal (“request for immediate certification”), plaintiff China National Metal Products Import/Export Company (“China National’s opposition, and Apex’s reply.

The court has also…