Romero v. TitleMax of New Mexico, Inc. et al

Filing 56

ORDER COMPELLING ARBITRATION by District Judge Kenneth J. Gonzales granting in part and denying in part 9 Titlemax' Motion to Compel Plaintiff to Arbitrate and to Enforce the Arbitration Clause as to Proposed Class Members Who Did Not Opt-Out of the Arbitration Clause and to Stay All Proceedings or, in the Alternative, to Stay All Class Action Related Discovery and Proceedings Until This Motion is Decided. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESSE ROMERO, on behalf of himself
and all others similarly situated,
Plaintiff,
vs.

No. CIV 17-0775 KG/SCY

TITLEMAX OF NEW MEXICO, INC., et al.,
Defendants.
ORDER COMPELLING ARBITRATION
THIS MATTER having come before the Court upon Defendant’s “Motion to Compel
Plaintiff to Arbitrate and to Enforce the Arbitration Clause as to All Proposed Class Members
Who Did Not Opt-Out of the Arbitration Clause and to Stay All Proceedings or, in the
Alternative, to Stay All Class Action Related Discovery and Proceedings Until this Motion is
Decided” (“Motion to Compel Arbitration”) (Doc. 9), and for the reasons stated on the record at
the May 2, 2018, telephonic conference,
IT IS ORDERED that:
1. Defendant’s Motion to Compel Arbitration is granted in part;
2. the parties meet and confer by March 16, 2018, to determine Plaintiff’s arbitrable
claims related to the first and second loan agreements;
3. if the parties cannot agree as to the following two issues (1) whether there are any
arbitrable claims related to the first and second loan agreements, and if so, (2) what
those claims are, Defendant shall file a brief on those issues by May 30, 2018;
Plaintiff shall file his response no later than June 13, 2018; and Defendant shall file a
reply no later than June 27, 2018.

4. upon deciding which claims, if any, are arbitrable, the Court will require the parties to
proceed to arbitration as to those claims related to the first and second loan
agreements.

_________________________________
UNITED STATES DISTRICT JUDGE