Kimetra Brice v. Haynes Investments, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KIMETRA BRICE; EARL BROWNE; JILL No. 19-15707

NOVOROT,

Plaintiffs-Appellees, D.C. No. 3:18-cv-01200- v. WHO

PLAIN GREEN, LLC,

Defendant, OPINION

and

HAYNES INVESTMENTS, LLC; L.

STEPHEN HAYNES,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted September 16, 2020 San Francisco, California

Filed September 16, 2021 Before: William A. Fletcher, Danielle J. Forrest ∗, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Forrest; Dissent by Judge W. Fletcher

SUMMARY **

Arbitration

The panel reversed the district court’s order denying defendants’ motion to compel arbitration in a RICO action and remanded with instructions to stay the case and compel the parties to proceed with arbitration.

Plaintiffs obtained short-term, high-interest loans from either Plain Green, LLC, or Great Plains Lending, LLC, which were owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation and the Otoe-Missouri Tribe of Indians.…