Roberts

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

10 SHAUN ROBERTS, et al., CASE NO. 18cv2898-LAB (BGS) Plaintiffs,

ORDER OF DISMISSAL

vs. OBELISK, INC., a Delaware corporation, et al., Defendants. 15

In April of this year, the Court found that Plaintiffs’ claims were arbitrable and ordered the parties to “proceed immediately to arbitration.” See Dkt. 19 at 16. Despite that clear order, more than six months have passed, and Plaintiffs still have not filed an arbitration demand. Where, as here, a court determines that “all of the claims raised in [an] action are subject to arbitration, . . . [a] district court may either stay the action or dismiss it outright.” Johnmohammadi v. Bloomingdale's, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). Although a court has discretion in choosing whether to dismiss or stay proceedings, the Ninth Circuit’s “preference” is for district courts to “stay[] an action pending arbitration rather than dismiss[] it.” MediVas, LLC v. Marubeni Corp., 741 F.3d…