Hansen v. Household Bank

Full title: JONATHAN D. HANSEN, Plaintiff, v. HOUSEHOLD BANK (sb) n.a.; SOUTHWEST…

Court: United States District Court, D. Utah, Northern Division

Date published: Jun 23, 2004

Case No. 1:04-CV-38 TS (D. Utah Jun. 23, 2004)

Opinion

Case No. 1:04-CV-38 TS.

June 23, 2004

ORDER GRANTING DEFENDANT HOUSEHOLD BANK'S MOTION TO STAY PROCEEDINGS AND REFER TO ARBITRATION AND ADMINISTRATIVELY CLOSING CASE

BRIAN TED STEWART, District Judge

This matter is before the court on defendant Household Bank's Motion to Stay Proceedings and Refer to Arbitration. Plaintiff brings this action against two defendants under the Fair Debt Collection Practices Act. Default judgement was entered against the Defendant Southwest Credit Card Services on June 22, 2004.

Defendant Household Bank moves to stay this proceeding and refer the case to arbitration based upon an arbitration clause in the parties' Cardholder Agreement. The arbitration clause at issue provides:

Any claim, dispute, or controversy, (whether in contract, tort or otherwise) arising form or relating to this Agreement or the relationships which result from this Agreement, including the validity or enforceability of this arbitration clause or any part thereof or the entire Agreement ("Claim"), shall be resolved, upon the election of you or us, by binding arbitration . . .

Def.'s Ex. A at § 18.

"Under the Federal Arbitration Act (FAA), a court must stay proceedings if satisfied that the parties have agreed in writing to arbitrate an issue or issues underlying the district court proceeding." Williams v. Imhoff, 203 F.3d 758, 764 (10th Cir. 2000) (citing 9 U.S.C.A. § 3).

The court finds that Defendant Household Bank has shown that the parties have agreed in writing to arbitrate all dispute arising out of the Cardholder Agreement. Plaintiff has not opposed the Motion. It is therefore

ORDERED that Defendant Household Bank's Motion to Stay Proceedings and Refer to Arbitration is GRANTED and this case is STAYED pending arbitration. The parties are responsible for timely initiating arbitration proceedings pursuant to the terms of their agreement. It is further

ORDERED that this case be administratively closed during arbitration and may be re-opened by motion of any party or the court. It is further

ORDERED that within ten days of any event that resolves this case, the parties shall notify the court of the change of status of the case.