Yang et al v. Comcast Cable Communications Management, LLC

Filing 8

ORDER Staying Action Pending Arbitration signed by Magistrate Judge Barbara A. McAuliffe on 07/10/2017. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

GENEVEN AND ALISIA YANG,
Plaintiffs,

10
11

ORDER STAYING ACTION PENDING
ARBITRATION

v.

12

Case No. 1:17-cv-00509-DAD-BAM

COMCAST CABLE
COMMUNICATIONS MANAGEMENT,
LLC,

13

Defendant.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

WHEREAS, Plaintiffs Geneven and Alisia Yang (“Plaintiffs”) filed a Complaint against
Defendant Comcast Cable Communications Management, LLC (“Comcast”) on April 11, 2017
(Dkt. No. 1);
WHEREAS, in their Complaint, Plaintiffs allege that they have a residential Comcast
account for cable services, and they assert claims for (1) violation of the Electronic Fund
Transfers Act, 15 U.S.C. § 1693, et seq.; (2) violation of the Rosenthal Fair Debt Collection
Practices Act, Cal. Civ. Code § 1788, et seq.; (3) negligence; and (4) conversion; and
WHEREAS, upon the filing of Plaintiffs’ Complaint, the parties met and conferred and
have agreed to resolve Plaintiffs’ claims in this action through a binding, individual arbitration
proceeding administered through the American Arbitration Association in accordance with the
terms of the Comcast Agreement for Residential Services (“Subscriber Agreement”), attached
hereto as Exhibit A.
THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective
STIPULATION AND [PROPOSED] ORDER FOR
BINDING ARBITRATION AND STAY OF ACTION

CASE NO. 1:17-CV-00509-DAD-BAM

1

counsel as follows:

2
3

1.

arbitration pursuant to the terms of the Subscriber Agreement;

4
5

2.

3.

10

To the extent this action is not stayed on or before July 10, 2017, Comcast shall be

relieved of its obligation to answer or otherwise respond to Plaintiffs’ Complaint on that date; and

8
9

This action shall be stayed in its entirety pending completion of the arbitration

proceeding;

6
7

Plaintiffs’ claims in this action shall be resolved through binding, individual

4.

The parties shall file a joint status report every 120 days from the date this

Stipulation is approved by the Court, and, additionally, 30 days after the issuance of any
resolution or decision by an arbitrator.

11

IT IS SO STIPULATED.

12
13

Dated: July 7, 2017

DRINKER BIDDLE & REATH LLP

14
By: /s/ Michael J. Stortz
Michael J. Stortz
Matthew J. Adler

15
16

Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

17
18
19
20

Dated: July 7, 2017

HYDE & SWIGART

21
By: /s/ David J. McGlothlin (authorized 7/7/17)
David J. McGlothlin
Joshua B. Swigart

22
23

Attorneys for Plaintiffs
GENEVEN AND ALISIA YANG

24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

///
///
///
-2-

CASE NO. 1:17-CV-00509-DAD-BAM

1
2

ORDER
Having reviewed the stipulation, the Court finds the parties’ resources and the Court’s

3

resources would be preserved if the matter was stayed pending the arbitration. Accordingly, IT IS

4

HEREBY ORDERED that

5

1.

The stipulation of the parties to stay this matter is GRANTED (Doc. 7);

6

2.

Every 120 days and no later than 30 days after the arbitrator issues the decision,

7

the parties SHALL file a joint status report setting forth the status of the matter and detailing

8

whether the Court should lift the stay;

9

3.

All pending dates and hearings are VACATED.

10
11
12
13

IT IS SO ORDERED.
Dated:

/s/ Barbara

July 10, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

-3-

CASE NO. 1:17-CV-00509-DAD-BAM