1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 S CP aA lifY orK nA ia L CO orG pI oS raT tI iC onS ,, INC., a

C ase No. 2:23-cv-02191-SPG-AFM 12 ORDER DISMISSING ACTION Plaintiff, WITHOUT PREJUDICE [ECF No. 10] 13 v. 14

15 WELLS FARGO BANK, N.A., et al.,

16 Defendants.

17 18 19 On April 18, 2023, the Parties filed a stipulation to submit this action, in its entirety, 20 to arbitration and stay the action in this Court pending the outcome. 21 The Court, having considered the Parties’ stipulation, and finding good cause 22 therefor, hereby GRANTS IN PART the stipulation and ORDERS as follows: 23 1. The parties shall submit this action to binding non-judicial arbitration; 24 2. The arbitration shall be conducted through the American Arbitration 25 Association; and 26 27 28 3. The court declines to retain jurisdiction over the matter and dismisses the 2 || action without prejudice.’ 3 4 || IT IS SO ORDERED. 5 6 || Dated: May 2, 2023 7 HON. SHERILYN PEACE GARNETT 3 UNITED STATES DISTRICT JUDGE

9 10 11 12 13 14 15 16 17 18 19 20 21 22 Wh Section 3 of the Federal Arbitration Act provides that, where a dispute is subject to 23 || arbitration, the district court shall on application of one of the parties stay the trial of the 74 |}action until such arbitration has been had in accordance with the terms of the agreement. See

. However, the Ninth Circuit holds that district courts have discretion to 25 || dismiss the action if all of the claims before the court are arbitrable. Forrest v. Spizzirri, 26 ||

(9th Cir. 2023). Here, the parties have stipulated to arbitrating all of 57 plaintiffs claims. Under the circumstances and in accordance with Ninth Circuit authority, the Court exercises its discretion to dismiss the action, without prejudice, rather than retain 28 || jurisdiction pending the outcome of the arbitration. See

.