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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 ROBERT FRUMKES, an ) Case No.: 21-cv-00129-L-MSB individual, ) 12 ) ORDER ON JOINT MOTION [DOC Plaintiff, ) 13 ) NO. 5] vs. ) 14 ) TESLA INC., a Delaware ) 15 Corporation, d/b/a TESLA ) MOTORS INC, ) 16 ) Defendant. ) 17 ) ) 18

19 Pending before the Court is Joint Motion Regarding Arbitration. (Doc. No.

20 5 (“Joint Motion”)). Prior to filing the pending Joint Motion, Defendant Tesla,

21 Inc., obtained a hearing date for a motion to compel arbitration set for March 29,

22 2021. Pursuant to the Joint Motion, the parties agree that this entire action,

23 including any defenses, should be resolved by binding arbitration conducted by the

24 American Arbitration Association based on the arbitration provision in the Motor

25 Vehicle Purchase Agreement for the vehicle that is the subject of the above-titled

26 action. The parties request to stay this action pending arbitration pursuant to 9

27 U.S.C. sect. 3. Notwithstanding the language of 9 U.S.C. sect. 3, a district court

28 may either stay the action or dismiss it outright when, as here, all the claims raised 1 in the action are subject to arbitration. Johnmohammadi v. Bloomingdale’s, Inc.,

(9th Cir. 2014). 3 Based on the foregoing, it is hereby ordered: 4 1. This entire action and all claims asserted therein are hereby ordered to 5 binding arbitration. 6 2. The hearing on Defendant’s motion to compel arbitration, set for March 29, 7 2021, is VACATED. g 3. This action is dismissed without prejudice. 9 4. This Order does not preclude either party from returning to court to confirm, 10 vacate, or modify the arbitration award as provided in 9 U.S.C. sect. 1 et seq. 11 IT IS SO ORDERED. 12 13 Dated: March 1, 2021 0 (ae fey H . James Lorenz, 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28