Rossi v. Purvis

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EDWARD ROSSI, et al., Case No. 23-cv-04148-PCP 8 Plaintiffs, ORDER DISMISSING CASE 9 Vv. WITHOUT PREJUDICE 10 REUBEN TIMOTHY PURVIS, III, et al., ll Defendants. 12 Plaintiffs StormQuant and Edward Rossi filed this action against StormQuant’s former 5 13 CEO Reuben Timothy Purvis III, his wife Heather Purvis, and an LLC established by the Purvises. 14 |] On July 24, 2024, the Court granted defendants’ motion to compel arbitration, ordering that the 3 15 || parties proceed with arbitration according to the terms of their Restricted Stock Purchase a 16 || Agreement. Dkt. No. 39. At defendants’ request, the Court also stayed the case pending arbitration 3 17 pursuant to 9 U.S.C. § 3. See Smith v. Spizzirri, 601 U.S. 472, 475-76 (2024). Because plaintiffs 18 || have not initiated arbitration in the subsequent fourteen months, defendants now request that the 19 || case be dismissed. Dkt. No. 44. Plaintiffs have not opposed that request. The Court therefore 20 || exercises its discretion to dismiss the case without prejudice. See Spizzirri, 601 U.S. at 475-76. 21 IT IS SO ORDERED. 22 || Dated: September 10, 2025 23 Za 24 WA hy P. Casey Fitts United States District Judge 26 27 28