Case No. 2:02-CV-1376-DB.United States District Court, D. Utah, Central Division.
August 31, 2004
Mark E. Hindley, Cameron L. Sabin, STOEL RIVES LLP, Salt Lake City, UT, Attorneys for Third-Party Defendant.
Peter H. Gunst, Esq., Donna M.D. Thomas, Astrachan, Gunst, Thomas Ahn, P.C., Douglas E. Griffith, Esq. Attorneys for Plaintiff Applied Signal Technology, Inc.
Brent R. Stephens, Esq., Snow, Christensen Martineau, Attorney for Defendant and Third-Party Plaintiff Atlas Stock Transfer Corporation.
ORDER (1) DENYING EARTH SEARCH SCIENCES, INC.’S MOTION TO DISMISS AND (2) GRANTING EARTH SEARCH SCIENCES, INC.’S MOTION TO STAY
DEE BENSON, Chief Judge, District
This matter came before the Court on third-party defendant Earth Search Sciences, Inc.’s Motion to Dismiss or, in the Alternative, Stay this Action (the “Motion”). A hearing on the Motion was held on August 5, 2004 at 2:00 p.m. Now, having carefully reviewed the memoranda and other materials submitted by the parties, having heard oral argument on the Motion, and having considered the matters herein, the Court hereby ORDERS, ADJUDGES, AND DECREES as follows:
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1. Earth Search Sciences, Inc.’s Motion to Dismiss is hereby denied; and
2. Earth Search Sciences, Inc.’s Motion to Stay is hereby granted. Accordingly, this action is stayed pending the outcome of the litigation/arbitration currently pending in Maryland state court involving Applied Signal and Image Technology, Inc. and Earth Search Sciences, Inc.
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