1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAMES and KIMBERLEE SEXTON, Case No.: 23-CV-169 TWR (MSB)

12 Plaintiffs, ORDER APPROVING 13 v. STIPULATION TO SUBMIT PLAINTIFF JAMES SEXTON’S 14 GREENSKY, LLC; EQUIFAX CLAIMS AGAINST DEFENDANT INFORMATION SERVICES, LLC; 15 EXPERIAN INFORMATION and EXPERIAN INFORMATION SOLUTIONS, INC. TO 16 SOLUTIONS, INC., ARBITRATION AND TO STAY 17 Defendants. CASE

18 (ECF No. 38) 19

20 Presently before the Court is the Stipulation to Submit Plaintiff James Sexton’s 21 Claims Against Defendant Experian Information Solutions, Inc. (“Experian”) to 22 Arbitration and to Stay Case (“Stip.,” ECF No. 38). Good cause appearing, the Court 23 APPROVES the Stipulation. Accordingly, Plaintiff James Sexton and Defendant 24 Experian SHALL PROCEED TO ARBITRATION before the American Arbitration 25 Association pursuant to its Consumer Arbitration Rules, and the Court STAYS this action 26 as between Plaintiff James Sexton and Defendant Experian, pending completion of the 27 arbitration. This stay shall extend to all outstanding discovery obligations between Plaintiff 28 James Sexton and Defendant Experian and the Court’s Scheduling Order deadlines as 1 || between Plaintiff James Sexton and Defendant Experian. To be clear, the action is not 2 || stayed as between Plaintiff James Sexton and the other defendants. 3 Plaintiff James Sexton and Defendant Experian SHALL FILE a Joint Status Report 4 ||concerning the status of the arbitration every one hundred and eighty (180) days until the 5 || arbitration is complete or Plaintiff James Sexton dismisses his claims against Defendant 6 || Experian in this action. In the event that the remaining Defendants are dismissed such that 7 || all claims in this action are subject to arbitration, the Court reserves the right to exercise its 8 || discretion to dismiss this case without prejudice. See, e.g., Cooper v. Equifax Info. Servs., 9 LLC, No. 219CV01124JADDJA,

, at *4 (D. Nev. Sept. 30, 2020); see 10 || also Johnmohammadi v. Bloomingdale's, Inc.,

(9th Cir. 2014) (citing 11 || Sparling v. Hoffman Constr. Co.,

, 638 (9th Cir. 1988)). 12 IT IS SO ORDERED. 13 Dated: July 31, 2023 14 [ odd (a 15 Honorable Todd W. Robinson United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28