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N.D. Cal.Procedural orderFiled Aug. 23, 2021

Perez v. Discover Bank

Judge
Susan Illston
Docket
3:20-cv-06896
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedureArbitration
In one sentence

In Perez v. Discover Bank, Judge Illston set argument on Discover Bank’s arbitration motion and identified cases for discussion.

Who this affects

The plaintiffs, including Iliana Perez, and Discover Bank are affected because the court scheduled argument on Discover Bank’s motion to compel arbitration; the motion itself was not resolved.

What happened

Perez v. Discover Bank involves Discover Bank’s motion to require arbitration.

The court said it would hear oral argument on the motion on August 27, 2021. It directed the parties to be ready to discuss several cases addressing whether an arbitrator should decide issues such as waiver, delay, and interpretation of the arbitration agreement.

The order did not decide the motion to compel arbitration. Judge Susan Illston issued the order on August 23, 2021.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Perez v. Discover Bank · No. 3:20-cv-06896
Judge
Susan Illston
Date
Aug. 23, 2021

Background

Discover Bank filed a motion to compel arbitration in this case brought by Iliana Perez and other plaintiffs. The opinion does not describe the claims or the parties’ arguments in detail.

What the Court Ordered

The court scheduled oral argument on Discover Bank’s motion for August 27, 2021. It instructed the parties to be prepared to address several decisions concerning which arbitration-related issues should be decided by a court and which should be decided by an arbitrator. The listed issues included whether questions about waiver or delay, and questions requiring interpretation of the agreement, should be left to the arbitrator.

Disposition

The court did not grant or deny the motion to compel arbitration in this order. It only set the hearing and identified authorities for discussion. Judge Susan Illston signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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