Appel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 14 HOWARD APPEL, et al., Case No. 17-cv-02263-BAS-MDD

Plaintiffs,

ORDER DENYING PLAINTIFFS’

v. MOTION TO LIFT STAY AND

RECONSIDER ORDER

CONCIERGE AUCTIONS, LLC, et al.,

COMPELLING ARBITRATION

Defendants. (ECF No. 53)

Plaintiffs Howard Appel and David Cohen move the Court to lift its stay and reconsider the April 13, 2018, Order Compelling Arbitration. Reconsideration may be appropriate when there is an intervening change in controlling law or newly discovered evidence. Plaintiffs argue this test is met in light of a 2021 Ninth Circuit decision and the arbitration panel’s decision to apply New York law to the parties’ dispute. The Court is unconvinced. The Ninth Circuit decision applied a rule that existed before the Court’s Arbitration Order. And the arbitration panel’s ruling is not newly discovered evidence under the reconsideration standard. Hence, the Court denies…