1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BARBARA J. COLBURN, Case No.: 19cv1930-L-MDD

12 Plaintiff, ORDER GRANTING IN PART 13 v. JOINT MOTION 14 SYNCHRONY BANK, 15 Defendant. 16

17 Pending before the Court is Joint Motion and Stipulation to Arbitrate Claims 18 and Stay Lawsuit (“Joint Motion.” doc. no. 12). The parties request an order arbitrate 19 this action in its entirety according to a pre-litigation arbitration agreement, and stay the 20 action pending arbitration. 21 Pursuant to the Federal Arbitration Act,

et seq. ("FAA"), to the extent 22 Plaintiff’s claims are not otherwise resolved by the parties, Plaintiff shall submit her 23 claims to binding, non-judicial arbitration pursuant to the parties’ arbitration agreement. 24 To the extent the parties jointly request an order to arbitrate, the Joint Motion is granted. 25 To the extent the parties request to stay this action pending arbitration, the Joint 26 Motion is denied. Stay is appropriate when specific issues are referred to arbitration. 9

. When, as here, the entire action is referred to arbitration, it may be 28 ! dismissed. See Simula, Inc. v. Autoliv, Inc.,

(9 Cir. 1999). This Order 2 does not preclude the parties from returning to court to confirm, vacate or modify the 3 || arbitration award as provided in the FAA. 4 Accordingly, Joint Motion is granted in part and denied in part. This action is 5 || dismissed without prejudice. 6 7 IT IS SO ORDERED. 8 9 || Dated: March 26, 2020 (fee oop 1 H . James Lorenz, United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28