Campos v. Bluestem Brands, Inc. et al
Plaintiff: Rebecca V. Campos
Defendant: Bluestem Brands, Inc. and Webbank
Case Number: 3:2015cv00629
Filed: April 1, 2015
Court: US District Court for the District of Oregon
Office: Portland (3) Office
Presiding Judge: Michael H. Simon
Nature of Suit: Bankruptcy Withdrawal 28 USC 157
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 22, 2016 Opinion or Order Filing 66 Findings of Fact and Conclusions of Law - Based on the evidence presented at the evidentiary hearing and the record in this case, the Court finds that the parties formed a valid arbitration agreement and that individual arbitration of Ms. Campos� 39;s claim under 11 U.S.C. § 362(k) does not conflict with the underlying purpose of the Bankruptcy Code. The Court therefore GRANTS Defendants' Motion to Compel Arbitration. Dkt. 3 at 44-65. Although the FAA authorizes a court to stay a n action that is subject to a valid agreement to arbitrate, 9 U.S.C. § 3, a court can dismiss an action, rather than merely staying it, when all of the issues are arbitrable. Sparling v. Hoffman Const. Co., 864 F.2d 635, 638 (9th Cir. 1988) (The district court acted within its discretion when it dismissed [the plaintiff's]claims. As in [Martin Marietta Aluminum, Inc. v. General Electric Co., 586 F.2d 143 (9th Cir. 1978)], the arbitration clause was broad enough to bar all of the plaint iff's claims since it required [the plaintiff] to submit all claims to arbitration.). Because Ms. Campos's only claim is subject to arbitration, the Court finds that dismissal is appropriate. Signed on 1/22/2016 by Judge Michael H. Simon. (mja)
September 30, 2015 Opinion or Order Filing 28 Opinion and Order - Because the parties have the right to an evidentiary hearing or a jury trial on the issue whether a valid arbitration agreement exists, the Court defers ruling on Defendants' Motion to Compel Arbitration. Dkt. 3 at 44. Signed on 9/30/2015 by Judge Michael H. Simon. (mja)
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Defendant: Bluestem Brands, Inc.
Represented By: Erin L. Hoffman
Represented By: Reed W. Morgan
Represented By: Brandy A. Sargent
Represented By: Aaron D. Van Oort
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Defendant: Webbank
Represented By: Erin L. Hoffman
Represented By: Reed W. Morgan
Represented By: Brandy A. Sargent
Represented By: Aaron D. Van Oort
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Plaintiff: Rebecca V. Campos
Represented By: Michael R. Fuller
Represented By: Kelly D. Jones
Represented By: Bonner Charles Walsh
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