Stewart
Stewart v. Acer Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STEPHEN STEWART, Case No. 22-cv-04684-VC
Plaintiff,
ORDER RE: STAY PENDING
v. ARBITRATION
ACER INC., et al., Re: Dkt. Nos. 21, 41 Defendants.
Having granted Acer’s Motion to Compel Arbitration, the Court has discretion to stay or dismiss the case. See Johnmohammadi v. Bloomingdale’s, Inc., 755 F.3d 1072, 1073–74 (9th Cir. 2014); Dkt. No. 21. Where the threshold question of arbitrability has been delegated to the arbitrator, some courts have suggested that a stay is more appropriate than dismissal, “so that th[e] statute of limitations will not run on claims that may ultimately not be arbitrable.” Gutierrez v. FriendFinder Networks, Inc., No. 18-cv-5915, 2019 WL 1974900, at *11 (N.D. Cal. May 3, 2019) (staying the case pending the arbitrator’s decision on arbitrability); see also Hopkins & Carley, ALC v. Thomson Elite, No. 10-cv-5806, 2011 WL 1327359, at *8 (N.D. Cal. Apr. 6, 2011) (conditioning dismissal on the parties stipulating to tolling the statute of limitations if the arbitrator determines that any claims must be heard by the court); Gilbertson v.…