Campos v. Bluestem Brands, Inc. et al
Rebecca V. Campos |
Bluestem Brands, Inc. and Webbank |
3:2015cv00629 |
April 1, 2015 |
US District Court for the District of Oregon |
Portland (3) Office |
Michael H. Simon |
Bankruptcy Withdrawal 28 USC 157 |
28 U.S.C. ยง 1331 Fed. Question |
None |
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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) |
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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