1 PRISCILLA L. O’BRIANT Nevada Bar No. 10171 2 LEWIS BRISBOIS 6385 South Rainbow Blvd., Suite 600 3 Las Vegas, NV 89118 4 (702)693-4388; FAX (702) 893-3789 [email protected] 5 Attorney for Defendant USAA 6 Savings Bank 7 CARLOS C ALSINA-BATISTA 8 Admitted Pro Hac Vice The Law Offices of Jeffrey Lohman, PC 9 4740 Green River Rd, Suite310 Corona, CA 92880 10 Tel. (657) 363-3331 Fax: 657-246-1311 11 Email: [email protected] 12 Attorneys for Plaintiff, Grace Howerton 13 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 LAS VEGAS DIVISION 16 GRACE HOWERTON, Case No. 2:19-cv-01550-KJD-NJK 17 Plaintiff, STIPULATION AND ORDER TO STAY THE 18 v. PROCEEDINGS PENDING ARBITRATION 19 USAA SAVINGS BANK, 20 Defendant. 21 22 Pursuant to the Federal Arbitration Act (“FAA”),

, Defendant USAA Savings Bank 23 (“USAA SB”) and Plaintiff Grace Howerton (“Plaintiff”) hereby stipulate and agree that these 24 proceedings should be stayed pending the outcome of arbitration. 25 This action arises out of a credit card application that Plaintiff submitted, and a credit card 26 account that she opened as a result. Under the terms of the USAA Credit Card Agreement (the 27 “Agreement”), Plaintiff agreed to arbitrate disputes like this one with USAA SB, specifically Plaintiff’s 28 / / / 1 claim relating to the collection of her credit card debt. (Exhibit A, ¶¶ A.1, A.2.) Before filing a Motion 2 to Compel Arbitration, USAA SB conferred with Plaintiff, and the parties have agreed to submit this 3 matter to arbitration. 4 Section 3 of the FAA provides: 5 If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court 6 in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of 7 one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in 8 default in proceeding with such arbitration. 9

(emphasis added); BEHROOZ MOHAZZABI, Plaintiff, v. WELLS FARGO, N.A., 10 Defendant., No. 218CV02137RFBVCF,

, *2 (D. Nev. Sept. 25, 2019) (“Section 3 of 11 the FAA provides for a stay of legal proceedings whenever the issues in a case are within the reach of an 12 arbitration agreement.”). Here, Plaintiff’s claim that USAA SB “placed collection calls to Plaintiff 13 seeking and attempting to collect on alleged debts incurred under a credit card agreement issued 14 specifically by Defendant, USAA Savings Bank” is a Covered Claim per the Agreement, specifically 15 Paragraph A.2 subsection (v): “Your Account balance or any billing or collections matters relating to 16 your Account.” (See Doc. 5, ¶ 8; Exhibit A.) Accordingly, Plaintiff’s claim against USAA SB is within 17 the Agreement and subject to arbitration. 18 If and when an award is issued in arbitration, the parties will inform of the same to this honorable 19 Court. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 1 For the foregoing reasons, USAA SB and Plaintiff respectfully agree that these proceeding: 2 || should be stayed pending the arbitration of Plaintiff's claim. 3 || Respectfully submitted, 4 5 /s/ Matthew K. Higbee /s/ Priscilla L. O’Briant MATTHEW K. HIGBEE PRISCILLA L. O’ BRIANT 6 || Nevada Bar No. 11158 Nevada Bar No. 10171 HIGBEE & ASSOCIATES LEWIS BRISBOIS BISGAARD & SMITH 2445 Fire Mesa Street, Suite 150 6385 South Rainbow Blvd., Suite 600 Las Vegas, NV 89128 Las Vegas, NV 89118

/s/ Carlos C. Alsina-Batista CARLOS C ALSINA-BATISTA Attorney for Defendant USAA Savings Bank 10|| Admitted Pro Hac Vice THE LAW OFFICES OF JEFFREY LOHMAN, PC 4740 Green River Rd, Suite310 Corona, CA 92880 13 Attorneys for Plaintiff. Grace Howerton 14 15 16 ORDER 17 IT IS SO ORDERED. 18 Dated this !8 Gh of _oCTOBER _, 2019. — NN 20 be at 4

U.S. DISTRICT COURT JUDGE 22 23 24 25 26 27 28