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McCardle v. Citigroup, Inc.

United States District Court, Ninth Circuit

June 3, 2013

TREVOR McCARDLE, ET AL.
v.
CITIGROUP, INC., ET AL.

CHRISTINA A. SNYDER, District Judge.

CIVIL MINUTES - GENERAL

Proceedings: MOTION TO COMPEL ARBITRATION (Docket #16, filed April 23, 2012)

MOTION TO DISMISS CASE (Docket #9, filed April 2, 2013)

MOTION TO STRIKE (Docket #7, filed April 2, 2013)

I. INTRODUCTION

Plaintiffs Trevor McCardle and Monica McCardle filed this case in this Court on March 11, 2013. Plaintiffs' complaint alleges state and federal claims for relief arising out of defendants' attempt to collect payments purportedly due on plaintiff's student loans.

On April 23, 2012, defendants filed a motion to compel arbitration and stay the proceedings pending the completion of arbitration. Plaintiffs filed an opposition on May 13, 2013, and defendants replied on May 20, 2013. Defendants' motion is before the Court.

II. BACKGROUND

On April 29, 2008, plaintiff Trevor McCardle applied for a bar study student loan from defendants. In connection with Trevor McCardle's loan application, he agreed to terms and conditions which included, among other things, the following arbitration clause:

You and I agree that either you or I may, without the other's consent, require that any Claims between you and me be submitted to mandatory, binding arbitration except for certain matters excluded below....
Claims relating to: 1) any and all aspects of my Account including without limitation the origination, establishment, terms, treatment, operation, handling, billing, servicing, limitations on or termination or acceleration of my Account; 2) any disclosures or statements relating to my Account; 3) the application, enforceability or interpretation of my Account, including this arbitration provision. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
Claims made directly by me as well as Claims made by anyone connected with me or claiming through me, such as a co-applicant or co-signer on my Account, my agent, representative or heirs, or a trustee in bankruptcy.

Def. Ex. 6 at 6-7 ("arbitration agreement"). Additionally, a "claim" is defined to mean "any case, controversy, dispute, tort, disagreement, lawsuit or claim now or hereafter existing between you and me arising out of or in connection with my loan." Id . The only ...


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