Solis v. Citibank, N.A.

Filing 6

ORDER granting in part and denying in part 5 Joint Motion to Stay Action and Arbitrate. Insofar as the parties stipulate to submit to arbitration, the Joint Motion is granted. To the extent the parties stipulate to stay rather than dismiss this action, the Joint Motion is denied. Signed by Judge M. James Lorenz on 01/17/2023. (cxl1)

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Case 3:22-cv-01941-L-MDD Document 6 Filed 01/17/23 PageID.37 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CARLOS SOLIS, Case No.: 22cv1941-L-MDD Plaintiff, 12 13 v. 14 CITIBANK, N.A., ORDER [ECF No. 5] Defendant. 15 16 Pending before the Court is Joint Motion and Stipulation to Arbitrate and Stay 17 18 Action. (ECF No. 5, “Joint Motion.”) The parties agree to submit all claims in this 19 action to binding arbitration. Insofar as the parties stipulate to submit to arbitration, the 20 Joint Motion is granted. To the extent the parties stipulate to stay rather than dismiss this 21 action, the Joint Motion is denied. A district court may either stay an action or dismiss it 22 when, as here, all claims raised in the action are subject to arbitration. Johnmohammadi 23 v. Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). 24 Accordingly, it is hereby ordered as follows: 25 1. The Joint Motion is granted in part and denied in part. 26 2. This action in its entirety is ordered to binding individual arbitration with the 27 American Arbitration Association and shall proceed pursuant to the terms of the 28 ///// 1 22cv1941-L-MDD Case 3:22-cv-01941-L-MDD Document 6 Filed 01/17/23 PageID.38 Page 2 of 2 1 arbitration provision contained in the credit card agreement attached as Exhibit A to the 2 Joint Motion (ECF no. 5-1.) 3 3. This action is dismissed without prejudice. 4 4. This Order does not preclude either party from returning to court to confirm, 5 6 vacate, or modify the arbitration award to the extent provided by law. IT IS SO ORDERED. 7 8 Dated: January 17, 2023 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 22cv1941-L-MDD

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