Case 2:22-cv-04926-SB-JEM Document 15 Filed 08/11/22 Page 1 of 2 Page ID #:144

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1 2 3 4 UNITED STATES DISTRICT COURT 5 CENTRAL DISTRICT OF CALIFORNIA 6 VERONICA BENITEZ PINEDA, an Case No. 2:22-cv-04926-SB-JEM individual, on her own behalf and on 7 behalf of all others similarly situated, ORDER DISMISSING CASE 8 Plaintiff, WITHOUT PREJUDICE 9 vs. 10 VALLE DEL SOL, LLC, a California corporation; VALLE DEL SOL 11 JONES, LLC, a California corporation, and DOES 1 through 100, inclusive, 12 Defendant. 13 14 Having considered the Parties’ Joint Stipulation to Submit to Binding 15 Arbitration and Stay Litigation, Dkt No. 11, the Court hereby enters the following 16 order: 17 1. The above stipulation is approved and so ordered subject to the 18 modifications below; 19 2. The above-entitled action, Case No. 2:22-cv-04926-SB-JEM, shall 20 be dismissed without prejudice, rather than stayed, as the resolution of the First 21 Amended Complaint will now be decided through arbitration, see Johnmohammadi v. 22 Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014) (noting that a court may 23 stay or dismiss an action when all the claims are arbitrable); and 24 3. The parties may request that the Court reopen the case to enforce 25 the terms of the stipulation; to confirm, vacate, modify or correct the arbitrator’s 26 award; and to make any other orders deemed necessary and proper. 27 If any party objects to the dismissal without prejudice, it shall file a 28 motion requesting a modification of this order by no later than August 18, 2022, 1 Case 2:22-cv-04926-SB-JEM Document 15 Filed 08/11/22 Page 2 of 2 Page ID #:145

1 explaining why the Court should stay rather than dismiss without prejudice (subject to 2 reopening) and what prejudice would be caused by a dismissal rather than stay. In 3 light of this Order, the Court hereby discharges the Order to Show Cause, Dkt. No. 12, 4 issued about the parties’ Joint Rule 26(f) Report and vacates the hearing scheduled on 5 August 19, 2022.

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IT IS SO ORDERED.

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9 Dated: August 11, 2022

10 Stanley Blumenfeld, Jr. 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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