Fennell v. Navient Solutions, LLC

2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 4|| Christina Fennell, Case No. 2:22-cv-01013-CDS-NJK 5 Plaintiff Order Directing Parties to Provide Future Status Report 7|| Navient Solutions, LLC, 8 Defendant 10 In the parties’ latest status report, they indicate that the arbitrator determined that plaintiff Christina Fennell’s claims alleging violations of the FOCPA, NDTPA, and unjust 12|| enrichment are subject to mandatory arbitration. ECF No. 89 at 1. However, because the arbiter 13]} cannot adjudicate Fennell’s claims related to the Colorado bankruptcy court’s discharge of loans 14]| or the discharge injunction, the arbitration was stayed pending a determination by the 15|| bankruptcy court. Id. at 1-2. The report further provides that the plaintiff is pursuing her options 16|| with the bankruptcy court. Id. at 2. Because it is unclear whether all the plaintiff's claims must be resolved in arbitration, and therefore subject to dismissal, this matter will remain stayed.!

18|| The parties must provide a fifth joint status report by June 6, 2025, or within seven days of the 19|| determination by the bankruptcy court, whichever is sooner. / } / 20 Dated: February 20, 2025 LZ 1 Cristina D/SiWwa United S ates District Judge / ‘A district court may either stay the action or dismiss it outright when the court determines that all the claims raised in the action are subject to arbitration. Johnmohammadi v. Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (citing Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th Cir. 1988)).