Washington v. One Nevada Credit Union

Filing 8

ORDER granting #7 Stipulation to Proceed with Arbitration and Staying Case. The parties must submit all disputes, claims, or controversies involved in this action to arbitration. It is ordered that this action is stayed pending the completion of arbitration, and all pending deadlines are vacated. The parties must file a joint status report within fourteen days of the completion of arbitration. If the arbitration is not completed by October 31, 2024, the parties must file a joint status report to provide an update on the arbitration proceeding. Signed by Judge Cristina D. Silva on 6/3/2024. (Copies have been distributed pursuant to the NEF - CT)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 Susan Washington,

Plaintiff

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Case No. 2:24-cv-00885-CDS-NJK

v.

7 One Nevada Credit Union,
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Order Accepting Parties’ Stipulation to
Proceed with Arbitration and Staying Case
[ECF No. 7]

Defendant

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Plaintiff Susan Washington filed this employment action against One Nevada Credit

11 Union alleging discrimination, harassment and hostile work environment based on race, and
12 retaliation. Compl., ECF No. 1. The parties now inform the court that they have “discussed the
13 terms of arbitration applicable to this case” and “stipulate that the parties have agreed to arbitrate
14 consistent with those terms.” ECF No. 7.
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However, the parties’ stipulation does not include the terms of the arbitration

16 agreement. It is also lacking any request to stay this litigation pending the completion of
17 arbitration and fails to inform the court whether the parties agree to dismiss this matter under the
18 terms of the stipulation agreement.
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“[A] district court may either stay the action or dismiss it outright when [] the court

20 determines that all of the claims raised in the action are subject to arbitration.” Johnmohammadi v.
21 Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). District courts have “broad discretion to
22 stay proceedings.” Clinton v. Jones, 520 U.S. 681, 706 (1997). A district court “may . . . find it is
23 efficient for its own docket and the fairest course for the parties to enter a stay of an action before
24 it, pending resolution of independent proceedings which bear upon the case.” Leyva v. Certified
25 Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). Here, although the stipulation is devoid of any
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1 request to stay, in an abundance of caution, the court stays this matter to retain jurisdiction to
2 enforce the stipulation, as well as to confirm, modify, or vacate the eventual arbitral award.
Conclusion

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Based on their stipulation [ECF No. 7], the parties must submit all disputes, claims, or

5 controversies involved in this action to arbitration. It is ordered that this action is stayed pending
6 the completion of arbitration, and all pending deadlines are vacated.
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The parties must file a joint status report within fourteen days of the completion of

8 arbitration. If the arbitration is not completed by October 31, 2024, the parties must file a joint
9 status report to provide an update on the arbitration proceeding.
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Dated: June 3, 2024

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Cristina D. Silva
United States District Judge

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