Marterie

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CONCIERGE AUCTIONS, LLC, et al., Case No. 19-cv-01032-VC

Petitioners,

ORDER DENYING MOTION FOR

v. ATTORNEY’S FEES

ANTHONY J. MARTERIE, et al., Re: Dkt. No. 43 Respondents.

It may superficially appear that the Marteries were the prevailing parties in this action to compel arbitration, because this Court did not award Concierge Auctions any of the relief it sought. But the petition filed by Concierge Auctions had merit; the only reason this Court did not compel arbitration is that the Sonoma County Superior Court did so first (after this Court delayed consideration of the matter to give the superior court a chance to rule). Therefore, with respect to the primary relief sought by Concierge Auctions, the Marteries can hardly be said to have prevailed. Later, Concierge Auctions asked this Court to enjoin the superior court’s decision to stay the arbitration, and this Court declined. But this did not bring the Marteries any closer to prevailing party status. There was, again, strength in the legal argument asserted by Concierge Auctions that the superior court lacked authority to stay the…