Aldrich et al v. Prospect Mortgage, LLC

Filing 23

ORDER GRANTING PETITION TO COMPEL ARBITRATION. Signed by Judge Richard Seeborg on 10/3/13. (cl, COURT STAFF) (Filed on 10/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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DONNA ALDRICH, et al,

Case No. 13-cv-03711 RS
ORDER GRANTING PETITION TO
COMPEL ARBITRATION

Petitioners,
v.
PROSPECT MORTGAGE, LLC,
Respondent.
____________________________________/

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Petitioners seek to compel arbitration pursuant to provisions in their written agreements with

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respondent Prospect Mortgage, LLC. Pursuant to Civil Local Rule 7(1)(b), this matter is suitable

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for disposition without oral argument and the hearing set for October 7, 2013 is vacated.

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The facts here are indistinguishable from those presented in Aguilera v. Prospect Mortgage,

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LLC, CV 2:13-05070 2013 WL 4779179 (C.D. Cal. Sept. 5, 2013). Although that decision is not

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binding, the well-reasoned and comprehensive analysis is persuasive. For the reasons explained in

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Aguilera, petitioners’ prior participation in the Sliger collective action does not rise to a waiver of

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their right to compel arbitration, particularly in the absence of cognizable prejudice to Prospect.

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Prospect’s further argument, apparently not presented in Aguilera, that subsequent

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arbitration proceedings were not expressly contemplated in the Sliger de-certification stipulation is

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unavailing. There is no reason the stipulation would need to list arbitration as a specific available
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forum to preserve petitioners’ contractual rights to arbitrate the disputes. Finally, Prospect’s

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suggestion that a decision on this matter be postponed pending a decision from the MDL panel does

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not present any compelling reason why such a delay would be warranted. Accordingly, the petition

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to compel arbitration is granted. The Clerk shall close the file.

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IT IS SO ORDERED.

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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Dated: 10/3/13

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