Kairy et al v. Supershuttle International et al

Filing 357

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)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ROOSEVELT KAIRY, ET AL., 9 11 For the Northern District of California United States District Court 10 Plaintiffs, No. C 08-02993 JSW v. SUPERSHUTTLE INTERNATIONAL, INC., ET AL., ORDER REQUIRING ADDITIONAL BRIEFING AND VACATING HEARING 12 Defendants. 13 / 14 In light of the arguments raised in the parties’ papers on the pending motions to compel 15 arbitration, the Court finds that further briefing is appropriate. Therefore, the Court HEREBY 16 VACATES the hearing on all pending motions currently scheduled for July 27, 2012 and 17 ORDERS Defendants to file a supplemental brief not to exceed 10 pages by no later than July 18 31, 2012 addressing the following questions: 19 20 21 (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? 22 (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. 23 Plaintiffs may file a response not to exceed 10 by no later than August 3, 2012. After 24 the supplemental briefing is received, the Court will either reschedule a hearing on the pending 25 motions if it appears necessary or will decide the motions as submitted. 26 IT IS SO ORDERED. Dated: July 25, 2012 27 28 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?