Brandon v. First Premier Bank

Filing 10

ORDER. Based on 9 the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED that THIS ACTION IS DISMISSED without prejudice to plaintiff's ability to pursue her claims in arbitration. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 5/8/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-00720-JAD-VCF Document 9 Filed 05/02/17 Page 1 of 2

1 Joel E. Tasca
Nevada Bar No. 14124
2 Lindsay Demaree
Nevada Bar No. 11949
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106-4617
Telephone: [phone]
5 Facsimile: 702.471.7070
[e-mail]
6 [e-mail]
7 Attorneys for Defendant
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First Premier Bank

Las Vegas, Nevada 89106-4617

702.471.7000 FAX [phone]

BALLARD SPAHR LLP

UNITED STATES DISTRICT COURT

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100 North City Parkway, Suite 1750

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DISTRICT OF NEVADA

11 TAKIA BRANDON, individually and on
behalf of all others similarly situated,
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Plaintiff,
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v.
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FIRST PREMIER BANK, a foreign
15 corporation,

CASE NO. 2:17-cv-00720-JAD-VCF

STIPULATION AND ORDER TO
DISMISS CASE WITHOUT
PREJUDICE
ECF No. 9

Defendant.

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Plaintiff Takia Brandon (“Plaintiff”) and Defendant First Premier Bank (“First
Premier”) (together, the “Parties”) stipulate and agree as follows:
1.

On March 24, 2017, Plaintiff filed her complaint. (See ECF No. 1.)

2.

The complaint asserts claims on behalf of a putative class for alleged

violations of the Telephone Consumer Protection Act in connection with Plaintiff’s
credit card account (the “Account”) with First Premier.
3.

Plaintiff’s claims in this action are subject to a binding arbitration

agreement (the “Arbitration Agreement”) contained in the credit card agreement
governing Plaintiff’s Account, a copy of which is attached hereto as Exhibit A.
4.

The Arbitration Agreement contains a class action waiver provision,

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DMWEST #16376372 v1

Case 2:17-cv-00720-JAD-VCF Document 9 Filed 05/02/17 Page 2 of 2

1 which provides, inter alia, that: “All claims shall be resolved by binding arbitration
2 on an individual basis. Claims made and remedies sought as part of a class action . .
3 . are subject to arbitration on an individual (non-class, non-representative) basis.”
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5.

Accordingly, the Parties agree to dismiss this matter and permit

5 Plaintiff to submit her individual claims to binding arbitration pursuant to the terms
6 of the Arbitration Agreement.
7

Dated: May 2, 2017.

8 BALLARD SPAHR LLP

HAINES & KRIEGER, LLC

Las Vegas, Nevada 89106-4617

702.471.7000 FAX [phone]

BALLARD SPAHR LLP

100 North City Parkway, Suite 1750

9

By: /s/ Lindsay Demaree
10 Joel E. Tasca
Nevada Bar No. 14124
11 Lindsay Demaree
Nevada Bar No. 11949
12 100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
13

By: /s/ David H. Krieger
David H. Krieger
Nevada Bar No. 9086
8985 S. Eastern Avenue, Suite 130
Henderson, Nevada 89123

Attorney for Plaintiff

Attorneys for Defendant

14 First Premier Bank
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ORDER

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IT IS SO cause appearing,
Based on the parties’ stipulation [ECF No. 9] and good ORDERED: IT IS HEREBY
ORDERED that THIS ACTION IS DISMISSED without prejudice to plaintiff’s ability to pursue
her claims in arbitration. The Clerk of Court is directed to CLOSE THIS CASE.

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UNITED STATES DISTRICT JUDGE
_____________________________
_____________
_ _ _ __ _
___
U.S. District Judge Jennif Dorsey
ct Jud Jennifer
Judge enn
5/8/17
DATED:

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