Venetian Casino Resort, L.L.C. v. Lehrer McGovern Bovis, Inc.

MEMORANDUM *

Venetian Casino Resort, LLC (Venetian) appeals the district court’s denial of its emergency motion for a stay of state court proceedings pursuant to the All Writs Act, 28 U.S.C. § 1651 (1949). 1 We affirm.

*87 Putting aside whether the district court’s order to arbitrate was a final judgment for purposes of the Anti-Injunction Act, 28 U.S.C. § 2283 (1948), we assume that the court could have enjoined the state proceedings but we conclude that it was not obliged to do so. Quackenbush v. Allstate Ins. Co., 121 F.3d 1372, 1377 (9th Cir.1997). The district court found that throughout the state proceedings, the state court was asked to determine whether the issues that Lehrer McGovern Bovis, Inc. (LMB) wanted to present to the jury fell within the scope of the district court’s arbitration orders and were thus to be arbitrated, or fell outside the scope of those orders and thus were to be tried. Those issues the state court deemed were outside the scope of these orders were tried. The record supports the district court’s view. Once a jury verdict was rendered and a judgment was entered on that verdict, the state judgment — including the state court’s determination of…