Theodore
Theodore v. American Express National Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DIANA THEODORE, Case No. 23-cv-03710-AMO
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION FOR CERTIFICATE OF
APPEALABILITY
AMERICAN EXPRESS NATIONAL BANK, Re: Dkt. No. 61 11 Defendant.
12 Plaintiff Diana Theodore brings this putative class action against Defendant American Express National Bank alleging violations of the Truth in Lending Act, 15 U.S.C. § 1601 et seq., and California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. On April 4, 2024, the Court granted Defendant’s motion to compel arbitration and dismissed the case without prejudice. See ECF 45. Plaintiff subsequently appealed the dismissal to the Ninth Circuit. ECF 46. While the case was pending before the court of appeals, the Supreme Court issued a decision in Smith v. Spizzirri, holding “[w]hen a district court finds that a lawsuit involves an arbitrable dispute, and a party requests a stay pending arbitration, § 3 of the…