Mendez

Mendez v. Loanme, Inc

Caution
United States District Court, Southern District of CaliforniaNovember 17, 20203:20-cv-00002California669 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 7 CAROLL KING MENDEZ, Case No. 20-cv-00002-BAS-AHG 8 Plaintiff, ORDER GRANTING DEFENDANTS’ 9 v.

EX PARTE APPLICATION FOR

LIMITED DISCOVERY

10 LOANME, INC., et al., [ECF No. 16] 11 Defendants. 12 On November 12, 2020, Defendants LoanMe, Inc. and Jonathan Williams moved ex parte to conduct limited discovery relating to Plaintiff’s purported arbitration opt-out letter before the evidentiary hearing on December 3, 2020. (ECF No. 16.) Defendants state that they have requested the opt-letter from Plaintiff on multiple occasions but have received no response. (Id. at 2.) The ex parte application is unopposed.1 Under Federal Rule of Civil Procedure 26(b)(1), any matter relevant to a claim or a defense is discoverable. In the context of arbitration, however, the Federal Arbitration Act (“FAA”) provides for discovery related to a motion to compel arbitration only if “the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue.” Simula, Inc. v. Autoliv, Inc.,…

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