Lomeli v. Citibank,N.A et al

Filing 14

STIPULATION AND ORDER 13 to Compel Arbitration and to Stay Action. Signed by Judge Ronald M. Whyte on 4/17/13. (jg, COURT STAFF) (Filed on 4/17/2013)

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LAW OFFICES OF MICHAEL D. SCHULMAN
MICHAEL D. SCHULMAN, ESQ. SBN 137249
21800 Oxnard Street, Suite 750
Woodland Hills, CA 91367
Telephone: [phone]
Fax : [phone]

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Attorneys for Citibank, N.A.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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Adolfo Martinez Lomeli,

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Plaintiffs,

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vs.

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Citibank N.A., Client Services, Inc.,

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CASE NO.: CV12-6570HRL
STIPULATION AND []
ORDER TO COMPEL
ARBITRATION AND TO STAY
ACTION

Defendants.

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TO THE COURT, ALL PARTIES IN INTEREST AND THEIR ATTORNEYS OF
RECORD:

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WHEREAS, plaintiff, Adolfo Martinez Lomeli (“Plaintiff”), on the one hand, and

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defendants, Citibank N.A. (“Citibank”) and Client Services, Inc. (“CSI”), on the other

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hand, have agreed to stipulate to an order compelling the instant dispute to binding

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arbitration before JAMS, San Jose division, as a consumer arbitration.

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Plaintiff agrees to pay only $250.00 to JAMS and no more. Defendant Citibank,

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N.A., (“Citibank”) shall pay JAMS any other fees (including arbitrator compensation) and

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costs required.

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THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN PLAINTIFF,
CITIBANK and CSI, THROUGH THEIR COUNSEL OF RECORD, THAT:

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1. The instant dispute is compelled to binding arbitration before JAMS as a

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consumer arbitration pursuant to the terms of the revised Citibank Arbitration
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STIPULATION AND [] ORDER TO COMPEL BINDING ARBITRATION AND TO STAY ACTION

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Agreement contained in the revised Card Agreement (a copy of which is attached

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hereto as Exhibit “A”).

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2. Plaintiff agrees to pay only $250.00 to JAMS and no more. Defendant

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Citibank, N.A., (“Citibank”) shall pay JAMS any other fees (including arbitrator

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compensation) and costs required.

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3. The JAMS arbitrator’s award is final and binding on the parties unless a party

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appeals it in writing to JAMS as specified in the JAMS Optional Arbitration Appeal

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Procedure June 2003 rules (Exhibit “B” hereto”). A final and binding award is subject to

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judicial review and enforcement as provided by the FAA or other applicable law.
4.

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The instant action is stayed pending notification of the outcome of the

arbitration proceedings.

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5. The Northern District of California, San Jose Division, shall retain jurisdiction

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for the purpose of enforcing this Stipulation and entering judgment upon the award of

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the arbitrator.
IT IS SO STIPULATED:

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Dated: March 26, 2013

By: /s/Balám Letona
Balam O. Letona
Attorneys for Adolfo Martinez Lomeli

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LAW OFFICES OF BALAM O. LETONA

Dated: March 26, 2013

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LAW OFFICES OF MICHAEL D. SCHULMAN
By: /s/ Michael Schulman
Michael D. Schulman
Attorneys for Citibank, N.A.

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Dated: March 26, 2013

By: /s/ David Kaminski
David Kaminski
Attorneys for Client Services, Inc.

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CARLSON & MESSER LLP.

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STIPULATION AND [] ORDER TO COMPEL BINDING ARBITRATION AND TO STAY ACTION

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ORDER
GOOD CAUSE HAVING BEEN SHOWN, the Court adopts the stipulation of the
parties and hereby stays this action pending arbitration.
SO ORDERED.

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Dated: _______________

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JUDGE OF THE DISTRICT COURT

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STIPULATION AND] ORDER TO COMPEL BINDING ARBITRATION AND TO STAY ACTION