RB Capital Partners, Inc. v. Cyberlux Corporation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RB CAPITAL PARTNERS, INC., a Case No.: 24-cv-01434-AJB-DTF California Corporation, ORDER GRANTING IN PART AND Plaintiff,

DENYING IN PART DEFENDANT’S

13 v. MOTION TO COMPEL ARBITRATION AND TO STAY CYBERLUX CORPORATION, a Nevada

ACTION PENDING ARBITRATION

Corporation,

Defendant. (Doc. No. 15)

17 Presently before the Court is Defendant Cyberlux Corporation’s motion to compel 18 arbitration and to stay action pending arbitration in Plaintiff RB Capital Partners’ civil 19 action for alleged breach of contract and declaratory relief. (Doc. No. 15.) The motion has 20 been fully briefed. (Doc. Nos. 16, 18.) On December 10, 2024, the Court compelled 21 supplemental briefing on the issue of whether the parties’ agreement delegates the gateway 22 issue of the scope of arbitration clause to the arbitrator, which was raised for the first time 23 in Defendant’s Reply in Support of its Motion to Compel…