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)

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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

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