Washington v. One Nevada Credit Union ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Susan Washington, Case No. 2:24-cv-00885-CDS-NJK 5 Plaintiff Order Accepting Parties’ Stipulation to Proceed with Arbitration and Staying Case 6 v. 7 One Nevada Credit Union, [ECF No. 7] 8 Defendant 9 10 Plaintiff Susan Washington filed this employment action against One Nevada Credit 11 Union alleging discrimination, harassment and hostile work environment based on race, and 12 retaliation. Compl., ECF No. 1. The parties now inform the court that they have “discussed the 13 terms of arbitration applicable to this case” and “stipulate that the parties have agreed to arbitrate 14 consistent with those terms.” ECF No. 7. 15 However, the parties’ stipulation does not include the terms of the arbitration 16 agreement. It is also lacking any request to stay this litigation pending the completion of 17 arbitration and fails to inform the court whether the parties agree to dismiss this matter under the 18 terms of the stipulation agreement. 19 “[A] district court may either stay the action or dismiss it outright when [] the court 20 determines that all of the claims raised in the action are subject to arbitration.” Johnmohammadi v. 21 Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). District courts have “broad discretion to 22 stay proceedings.” Clinton v. Jones, 520 U.S. 681, 706 (1997). A district court “may . . . find it is 23 efficient for its own docket and the fairest course for the parties to enter a stay of an action before 24 it, pending resolution of independent proceedings which bear upon the case.” Leyva v. Certified 25 Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). Here, although the stipulation is devoid of any 26 1 || request to stay, in an abundance of caution, the court stays this matter to retain jurisdiction to 2 enforce the stipulation, as well as to confirm, modify, or vacate the eventual arbitral award. 3 Conclusion 4 Based on their stipulation [ECF No. 7], the parties must submit all disputes, claims, or 5 ||controversies involved in this action to arbitration. It is ordered that this action is stayed pending 6 ||the completion of arbitration, and all pending deadlines are vacated. 7 The parties must file a joint status report within fourteen days of the completion of 8 ||arbitration. If the arbitration is not completed by October 31, 2024, the parties must file a joint 9 ||status report to provide an update on the arbitration proceeding. 10 Dated: June 3, 2024 /, ) Ul LZ 12 CA — Cristina D. Silva B me States District Judge 14 ‘ 15 16 17 18 19 20 21 22 23 24 25 26