Abad v. Cardworks Servicing LLC

Filing 39

ORDER by Judge Edward M. Chen granting in part and denying in part 30 Motion to Continue hearing on Plaintiff Motion for Class Certification, etc. (bpf, COURT STAFF) (Filed on 10/31/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL ABAD, etc.,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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CARDWORKS SERVICING LLC,

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Defendant.
___________________________________/

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No. C11-1745 EMC

ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT'S
MOTION FOR ADMINISTRATIVE
RELIEF TO CONTINUE HEARING ON
PLAINTIFF'S MOTION FOR CLASS
CERTIFICATION, ETC.
(Docket #30)

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Defendant has filed an administrative motion requesting that the Court: (1) continue the

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parties' briefing schedule and hearing date for Plaintiff's Motion to Certify a Class, Docket No. 25,

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until after the Court has ruled on Defendant's Motion to Compel Arbitration, Docket No. 32; (2)

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continue the initial Case Management Conference set for December 2, 2011, until after the Court has

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ruled on the Motion to Compel Arbitration; and (3) continue the parties' mediation set for November

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2, 2011, until after the Court has ruled on the Motion to Compel Arbitration. Plaintiff's response

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indicates that he opposes the request to continue the mediation and the request to continue the case

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management conference, Docket No. 36. However, Plaintiff does not indicate any opposition to the

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request to continue the class certification briefing schedule and hearing.

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Accordingly, the Court hereby orders:

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(1) Defendant's request to continue the briefing and hearing schedule regarding class

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certification is GRANTED. Defendant's time to respond to Plaintiff's Motion for Class Certification

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is extended to 21 days after a ruling on Defendant's Motion to Compel Arbitration, and the time for

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Plaintiff's reply and the hearing date on the Motion for Class Certification is continued accordingly.

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The Court will set the parties' briefing schedule and hearing date on the Motion for Class

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Certification in its order on Defendant's Motion to Compel Arbitration;

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(2) Defendant's request to continue the initial Case Management Conference set for

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December 2, 2011, is DENIED. The CMC is to be heard at the same time as Defendant's Motion to

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Compel on December 2, 2011 at 1:30 p.m. ; and

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(3) Defendant's request to continue the mediation set for November 2, 2011, is DENIED.

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IT IS SO ORDERED.

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Dated: October 31, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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