Ayeni-Aarons v. Best Buy Credit Services/CBNA et al

Filing 82

ORDER signed by Senior Judge Morrison C. England, Jr on 5/3/2023 DIRECTING Plaintiff to initiate arbitration not later than 30 days following the date this order is issued. The parties shall continue to submit a joint status report every 60 days hereafter as to the status of the arbitration. In the meantime, this case shall remain STAYED. (Perdue, C.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

OSBERT AYENI-AARONS,

12
13
14
15
16

No. 2:18-cv-01625-MCE-KJN

Plaintiff,
v.

ORDER

BEST BUY CREDIT
SERVICES/CBNA, et al.,
Defendants.

17
18

The Court has reviewed the parties’ Joint Status Report filed on April 19, 2023.

19

ECF No. 81. Although the Court granted Defendant Citibank’s Motion to Compel

20

Arbitration in August 2019, see ECF No. 53, arbitration has not yet commenced and per

21

the Joint Status Report, Plaintiff and Defendant Citibank disagree over who should

22

initiate it. See ECF No. 81 ¶¶ 2–11. Because Plaintiff is the one pursuing claims against

23

Defendant Citibank, he is responsible for initiating arbitration, just as he would be

24

responsible for filing an action in a court of law. With that said, the Court admonishes

25

both Plaintiff and Defendant Citibank for the immense delay in moving this case forward

26

given that this Court issued its order compelling arbitration almost four years ago.

27
28

Accordingly, not later than thirty (30) days following the date this Order is issued,
Plaintiff is hereby ordered to initiate arbitration. Plaintiff’s failure to timely comply with
1

1

this Order will result in the imposition of sanctions for failure to prosecute and/or to

2

comply with the applicable rules and orders of this Court without further notice. The

3

parties shall continue to submit a joint status report every sixty (60) days hereafter as to

4

the status of the arbitration. In the meantime, this case shall remain STAYED.

5

IT IS SO ORDERED.

6
7

Dated: May 3, 2023

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2