Amisil Holdings Ltd. v. Clarium Capital Management

ORDER ADOPTING REPORT AND RECOMMENDATION

Pending before the Court is Defendants’ Motion to Compel Arbitration and Stay Proceedings. (Docket No. 12.) On January 3, 2007, Magistrate Judge Chen issued a Report and Recommendation (“R & R”) (Docket No. 79). The Court has considered the R & R and agrees with the Magistrate Judge’s reasoning. Furthermore, there have been no objections within the allotted statutory time. Accordingly, the Court ADOPTS the R & R and GRANTS Defendants’ Motion to Compel Arbitration and Stay Proceedings.

IT IS SO ORDERED.

CORRECTED REPORT AND RECOMMENDATION RE DEFENDANTS’ MOTION TO COMPEL ARBITRATION

On August 28, 2006, Plaintiff Amisil Holdings, Ltd. filed suit against Clarium Capital Management, LLC, Peter Andreas Thiel, Jason Portnoy, and Mark Woolway. Amisil alleged violations of federal securities law as well as various state laws. Currently pending is a motion to compel arbitration filed by all Defendants (ie., both the company and the individual defendants) and to stay proceedings pending arbitration. Having considered the parties’ briefs and accompanying submissions, the Court hereby recommends that Defendants’ motion to compel arbitration and stay…