Hetland

MEMORANDUM *

Appellant Lincoln Logs Ltd. (“Lincoln”) challenges the district court’s order granting appellees David and Celeste Hetland’s (“the Hetlands”) motion to compel arbitration. Having reviewed de novo the district court’s decision to compel arbitration, Chiron Corp. v. Ortho. Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir.2000), we conclude that the Hetlands failed to comply with the arbitration clause requirements of the contract between the parties, and reverse the district court’s order compelling arbitration.

This court has jurisdiction under 28 U.S.C. § 1291 .

In April of 1993, the Hetlands, in their capacity as owners of Lincoln Pre-Cut Homes, Inc., entered into two separate agreements — a Production Agreement (“PA”) and a Trademark Sale Agreement (“SA”) — with Lincoln, a publicly traded corporation engaged in the manufacture of log homes. At the time the agreements were executed, Pre-cut was in Chapter 11 bankruptcy proceedings. The SA assigned Pre-cut’s federal trademark rights in the trademark “Lincoln” to a new corporation, Lincoln Holding Corp., to be jointly and equally owned by the Hetlands and Lincoln. The PA, created in partial consideration of the…