Opinion
2:22-cv-02041-GMN-NJK
01-24-2023
MARLAINA SMITH, Plaintiff, v. TRANS UNION, LLC; EQUIFAX INFORMATION SERVICES, LCC; EXPERIAN INFORMATION SOLUTIONS, INC.; JPMORGAN CHASE BANK, N.A.; CITIBANK, N.A.; BANK OF AMERICA, N.A.; U.S. DEPARTMENT OF EDUCATION; AND NAVIENT SOLUTIONS, LLC, Defendants.
BALLARD SPAHR LLP, Joel E. Tasca, Esq., Madeleine Coles, Esq. Attorneys for Defendant Citibank, N.A. FREEDOM LAW FIRM, LLC, Gerardo Avalos, Esq., George Haines, Esq. Attorneys for Plaintiff Marlaina Smith
BALLARD SPAHR LLP, Joel E. Tasca, Esq., Madeleine Coles, Esq. Attorneys for Defendant Citibank, N.A.
FREEDOM LAW FIRM, LLC, Gerardo Avalos, Esq., George Haines, Esq. Attorneys for Plaintiff Marlaina Smith
STIPULATION AND ORDER TO ARBITRATE AND STAY CASE
Gloria M. Navarro, District Judge
Plaintiff Marlaina Smith (“Plaintiff') and Defendant Citibank, N.A. (“Citibank”) (collectively, the “Parties”) stipulate and agree as follows:
1. The Parties hereby stipulate and agree that Plaintiff will submit her claims in this action against Citibank only to final and binding arbitration before the American Arbitration Association (“AAA”), as provided by the Card Agreement annexed hereto as Exhibit 1.
2. Plaintiff shall initiate the arbitration within ninety (90) days of the entry of this stipulated order.
3. Plaintiff's claims against Citibank only, and any discovery between the parties and this Court, shall be stayed pending arbitration.
4. Judgment upon the award rendered in the arbitration may be entered in this Court.
WHEREFORE, the Parties respectfully request the Court so-order this stipulation and refer Plaintiff's claims against Defendant Citibank, N.A. only to final and binding arbitration.
It is so stipulated.
ORDER
IT IS HEREBY ORDERED that Plaintiff and Defendant Citibank N.A.'s Stipulation, (ECF No. 38), is GRANTED to the extent that the Court will stay discovery only between these two parties.
IT IS FURTHER ORDERED that Plaintiff and Defendant Citibank N.A. shall file Joint Status Reports every ninety (90) days, informing the Court of the status of arbitration proceedings and the case as a whole, beginning on April 24, 2023.