Kairy et al v. Supershuttle International et al
ORDER Requiring Additional Briefing and Vacating Hearing. Signed by Judge Jeffrey S. White on July 25, 2012. (jswlc2, COURT STAFF) (Filed on 7/25/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ROOSEVELT KAIRY, ET AL.,
For the Northern District of California
United States District Court
No. C 08-02993 JSW
SUPERSHUTTLE INTERNATIONAL, INC.,
ADDITIONAL BRIEFING AND
In light of the arguments raised in the parties’ papers on the pending motions to compel
arbitration, the Court finds that further briefing is appropriate. Therefore, the Court HEREBY
VACATES the hearing on all pending motions currently scheduled for July 27, 2012 and
ORDERS Defendants to file a supplemental brief not to exceed 10 pages by no later than July
31, 2012 addressing the following questions:
(1) Why would moving for arbitration prior to the issuance of AT&T Mobility LLC v.
Concepcion, 131 S. Ct. 1740 (2011), have been futile?
(2) What law – Delaware or California – would have applied to the determination of
unconscionability? Defendants merely drop a conclusory footnote (Reply at 2
n.4) without analysis.
Plaintiffs may file a response not to exceed 10 by no later than August 3, 2012. After
the supplemental briefing is received, the Court will either reschedule a hearing on the pending
motions if it appears necessary or will decide the motions as submitted.
IT IS SO ORDERED.
Dated: July 25, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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