Bieber v. DirectTV, LLC

Filing 16

STIPULATION and ORDER to Continue Hearing on 8 Defendant's Motion to Compel Arbitration and Stay Litigation, signed by District Judge Dale A. Drozd on 11/7/2016. (Motion previously set for hearing on 11/15/2016 is CONTINUED to 12/6/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Defendant's Reply brief is due no later than 11/29/2016.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK BIEBER, on behalf of himself and
all others similarly situated,

STIPULATION AND ORDER TO CONTINUE
HEARING ON DEFENDANT’S MOTION TO
COMPEL ARBITRATION

Plaintiff,

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vs.

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Case No. 1:16-cv-01037-DAD-BAM

DIRECTV, LLC,

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Defendant.

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Mark Bieber (“Plaintiff”) and Defendant DIRECTV, LLC (“Defendant”) (collectively, the

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“Parties”), by and through their respective attorneys of record, hereby agree and stipulate as

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follows:

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WHEREAS, on September 23, 2016 Defendant filed its Motion to Compel Arbitration,
Dkt. No. 8;

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WHEREAS, the hearing was set for November 15, 2016;

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WHEREAS, Plaintiff’s counsel mistakenly noted that the hearing was November 16,

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2016, and by extension, noted that the Opposition was due November 2, 2016 instead of

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November 1, 2016;

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WHEREAS, Plaintiff’s counsel contends that this error was in good faith, and constituted
excusable neglect;
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WHEREAS, Defendant does not dispute the contention of Plaintiff’s counsel;

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WHEREAS, in the interest of avoiding prejudice to Defendant, Plaintiff has offered to

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stipulate to continue the hearing on the Motion to Compel, as well as the deadline for Defendant

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to file its Reply brief;

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WHEREAS, the first available date for the hearing is December 6, 2016; and

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WHEREAS, good cause therefore exists for the extension of the hearing on Defendant’s

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Motion to Compel to December 6, 2016, in order to avoid prejudice to Defendant.

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WHEREFORE, IT IS HEREBY STIPULATED AND AGREED:

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The hearing on Defendants Motion to Compel shall be continued to December 6, 2016,

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and Defendant’s Reply in Support of its Motion to Compel shall be due no later than November

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29, 2016.

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Dated: November 7, 2016

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LAW OFFICES OF TODD M. FRIEDMAN, P.C.
By:

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Dated: November 7, 2016

/s/ Adrian R Bacon
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Attorneys for Plaintiffs

MAYER BROWN LLP
By:

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/s/ Andrea M. Weiss
Andrea M. Weiss, Esq.
Attorneys for Defendant

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Attestation

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Pursuant to L.R. 5-4.3.4(a)(2)(i), I, Adrian R Bacon, attest that all signatories identified

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above, and on whose behalf the filing is submitted, concur in the filing’s content and have

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authorized the filing.

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Dated:

November 7, 2016

LAW OFFICES OF TODD M. FRIEDMAN

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By:/s/ Adrian R Bacon
Todd M. Friedman
Adrian R. Bacon

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Attorneys for Plaintiff
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ORDER

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The Court has reviewed and considered the stipulation of the parties to continue the motion
hearing in this case. Good cause appearing,
1. The hearing on Defendants Motion to Compel Arbitration shall be continued to
December 6, 2016; and
2. Defendant’s Reply in Support of its Motion to Compel Arbitration shall be due no later
than November 29, 2016.
IT IS SO ORDERED.
Dated:

November 7, 2016
UNITED STATES DISTRICT JUDGE

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