Anamiria Madrigal v. AT&T Wireless Services Inc et al

Filing 45

ORDER to SHOW CAUSE, signed by Judge Oliver W. Wanger on 4/22/2010. (Show Cause Response due by 12:00 P.M. 4/27/2010)(Kusamura, W)

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 17, 2009, the Court issued a Memorandum Decision and Order which, consistent with the terms of their arbitration v. NEW CINGULAR WIRELESS SERVICES, INC., a Corporation; and AT&T MOBILITY, LLC, a Corporation Defendants. ANAMIRIA MADRIGAL, individually and doing business as Atzek Cellular, a sole proprietorship; and ATZEK CELLULAR,INC. Plaintiffs, 09-CV-00033-OWW-SKO ORDER TO SHOW CAUSE agreement, ordered Plaintiffs and Defendants to arbitrate their disputes over the scope and validity of their arbitration agreement. (Doc. 30.) Subsequently, Plaintiffs filed a petition On December 10, 2009, for writ of mandamus to the Ninth Circuit. the Ninth Circuit denied the writ "without prejudice to the filing of a motion to reconsider with the district court in light of Jackson v. Rent-A-Center West, Inc., 581 F.3d 912 (9th Cir. 2009)," a new Ninth Circuit case. (Doc. 33 at 1.) Jackson was issued in September 2009, a few weeks after the Memorandum Decision and Order. On December 31, 2009, Plaintiffs filed a motion for reconsideration in light of Jackson. (Doc. 34.) Defendants filed an opposition (Doc. 39) to which Plaintiffs replied (Doc. 42). The briefing on the motion focuses heavily on the Jackson decision. On January 15, 2010, after Plaintiffs filed their motion for 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reconsideration, the Supreme Court granted certiorari in Jackson. See Rent-A-Center, West, Inc. v. Jackson, 130 S. Ct. 1133 (2010). The grant of certiorari set a briefing schedule requiring petitioner's opening brief to be filed on or before February 25, 2010, and respondent's brief to be filed on or before March 25, 2010. Id. Any reply brief was ordered to be filed in accordance Petitioner filed a reply brief on According to the Supreme with Supreme Court rules. Id. April 16, 2010. See 2010 WL 1554408. Court's website, oral argument in Jackson is scheduled for April 26, 2010.1 Given the status of Jackson, the parties are ordered to show cause, in writing, by 12:00 p.m. on April 27, 2010, why the hearing on the motion for reconsideration (currently set for May 3, 2010) should not be continued pending the Supreme Court's decision in Jackson. IT IS SO ORDERED. Dated: 9i274f April 22, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE The argument calendar can be found by clicking on the "Oral A r guments" tab on the Supreme Court's website: 2 1

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