Samson

ORDER

The mandate is recalled. The order filed for publication on December 15, 2010 is amended as follows:

First, delete the sentence that reads:

and replace it with:

Second, attach as Appendix A the May 20, 2009 district court Order Denying Plaintiffs’ Motion to Compel Arbitration, which is being transmitted together with this order.

The Clerk is directed to re-issue the mandate immediately upon filing of the amended order and appendix. No petitions for rehearing will be entertained.

IT IS SO ORDERED.

ORDER

As to Appeal No. 09-55835, we affirm for the reasons stated by the district court in its May 20, 2009 Order Denying Plaintiffs’ Motion to Compel Arbitration, attached as Appendix A. Appeal No. 09-56394, challenging the district court’s award of prevailing party attorneys’ fees to Defendant, is therefore moot.

APPEAL NO. 09-55835: AFFIRMED.

APPEAL NO. 09-56394: MOOT.

*916 APPENDIX A

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SHAWN SAMSON and JACK KASHANI, Plaintiffs vs. NAMA HOLDINGS, LLC, Defendant.

CASE NO. CV 09-01433 MMM (PJWx) ORDER DENYING PLAINTIFF’S MOTION TO COMPEL ARBITRATION

On March 30, 2009, plaintiffs Shawn Samson and Jack Kashani…