Perez

Perez v. Discover Bank

Good Law
United States District Court, Northern District of CaliforniaAugust 23, 20213:20-cv-06896California319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ILIANA PEREZ, et al., Case No. 20-cv-06896-SI

Plaintiffs,

ORDER RE AUGUST 27, 2021

v. HEARING ON DEFENDANT'S

MOTION TO COMPEL

DISCOVER BANK, ARBITRATION Defendant.

12 The Court will hear oral argument on defendant Discover Bank’s motion to compel arbitration on August 27, 2021. The parties shall be prepared to discuss the application of the following caselaw to defendant’s motion to compel arbitration: • John Wiley & Sons v. Livingston, 376 U.S. 543, 557-58 (1964) (“Once it is determined . . . that the parties are obligated to submit the subject matter of a dispute to arbitration, ‘procedural’ questions which grow out of the dispute and bear on its final disposition should be left to the arbitrator.”); • Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 84 (2002) (“the presumption is that the arbitrator should decide allegation[s] of waiver,…

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