Near v. USAA Savings Bank

• Court: District Court, D. Nevada
• Decided: July 15, 2020
• Docket: 2:20-cv-01015
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 CHARLES NEAR, Case No. 2:20-CV-1015 JCM (VCF)

8 Plaintiff(s), ORDER

9 v.

10 USAA SAVINGS BANK,

11 Defendant(s).

12 13 Presently before the court is defendant USAA Savings Bank’s (“USAA”) motion to 14 compel arbitration. (ECF No. 5). This motion is unopposed. Also before the court is defendant USAA’s motion to dismiss or stay the case. (ECF No. 15 7). In response, plaintiff Charles Near filed a cross motion to stay the case. (ECF No. 9). 16 The parties are in agreement that arbitration is necessary. (ECF Nos. 5 & 9). This court 17 grants defendant’s motion to compel arbitration as unopposed. 18 In light of the foregoing, this court finds that stay is appropriate pending arbitration. “A 19 district court ‘has broad discretion to stay proceedings as an incident to its power to control its 20 own docket’ in an effort to promote judicial economy.” DeMartini v. Johns, 693 F. App’x 534, 21 538 (9th Cir. 2017). Judicial economy is served through stay as opposed to dismissal. 22 Accordingly, 23 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant USAA Savings Bank’s (“USAA”) motion to compel arbitration (ECF No. 5) be, and the same hereby is, 24 GRANTED. 25 IT IS FURTHER ORDERED that defendant USAA Savings Bank’s motion to dismiss is 26 DENIED. (ECF No. 7). 27 IT IS FURTHER ORDERED that defendant USAA Savings Bank’s motion to stay is 28 GRANTED. (ECF No. 7). 1 IT IS FURTHER ORDERED that plaintiff Charles Near’s cross motion to stay is 2| GRANTED. (ECF No. 9). 3 IT IS FURTHER ORDERED that the matter of Charles Near v. USAA Savings Bank, 4} case number 2:20-cv-01015-JCM-VCF, be, and the same hereby is, STAYED pending 5 arbitration. IT IS FURTHER ORDERED that the parties shall file a status report before this court ° within 7 days of the conclusion of arbitration at which point the stay shall be lifted. 7 DATED July 15, 2020. Cbttws ©. Malan UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-