McQuade-Arrequin v. Grand Canyon Education Incorporated

Filing 8

ORDER re: 7 Stipulation, the Court finds that a stay is unnecessary, and will instead dismiss the case. This case is dismissed without prejudice and the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 04/20/2016. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Colleen McQuade-Arrequin,
Plaintiff,

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ORDER

v.

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No. CV16-00549-PHX-DGC

Grand Canyon Education Incorporated,

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Defendant.

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The parties have stipulated to stay these proceedings because they have submitted

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to a binding pre-dispute arbitration. Doc. 7. The Court finds that a stay is unnecessary,

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and will instead dismiss the case.

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A district court has discretion to stay or dismiss an action when it finds that the

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parties’ arbitration agreement is “valid and enforceable.” Nagrampa v. MailCoups, Inc.,

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469 F.3d 1257, 1276 (9th Cir. 2006). Some district courts have found that the Ninth

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Circuit favors stays over dismissals. See Tierra Right of Way Servs., Ltd. V. Abengoa

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Solar Inc., No. CV-11-00323-PHX-GMS, 2011 WL 2292007, at *7 (D. Ariz. June 9,

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2011) (citing Bushley v. Credit Suisse First Boston, 360 F.3d 1149, 1153 n.1 (9th Cir.

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2004)). However, a district court does not err by dismissing a case even where neither

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party requests dismissal. Sparling v. Hoffman Const. Co., Inc., 864 F.2d 635, 637-38 (9th

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Cir. 1988); see Cayenne Med., Inc. v. MedShape, Inc., No. 2:14-CV-0451-HRH, 2015

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WL 5363717, at *4 (D. Ariz. Sept. 15, 2015) (holding that “[g]enerally, a stay is

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appropriate but it is within the court’s discretion to dismiss a case” when all claims are

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subject to arbitration) (citing Delgadillo v. James McKaone Enters., Inc., No. 1:12–cv–

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1149 AWI MJS, 2012 WL 4027019, at *3 (E.D. Cal. Sept. 12, 2012)). The parties in this

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case have submitted all claims to arbitration. Therefore, the Court will exercise its

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discretion to dismiss the case without prejudice.

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IT IS ORDERED that this case is dismissed without prejudice and the Clerk is
directed to terminate this action.
Dated this 20th day of April, 2016.

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