Robles v. Mercedes-Benz Financial Services USA LLC

Filing 23

ORDER re 22 Status Report filed by Mercedes-Benz Financial Services USA LLC. Signed by Magistrate Judge Jacqueline Scott Corley on 9/15/2014. (ahm, COURT STAFF) (Filed on 9/15/2014)

1 DONALD J. QUERIO (State Bar No. 54367)
[e-mail]
2 ERIK KEMP (State Bar No. 246196)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendant
7 Mercedes-Benz Financial Services USA LLC
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION
10
11
ISABEL ROBLES, individually and on behalf
12 of all others similarly situated,

Case No. 3:12-CV-00550-JSC

13

JOINT STATUS REPORT RE STAYED
CASE

14

Plaintiff,
vs.

15 MERCEDES-BENZ FINANCIAL SERVICES
USA LLC and DOES 1 through 50, inclusive,
16
Defendants.
17

The Hon. Jacqueline S. Corley
Trial Date:

None Set

18
19

Defendant Mercedes-Benz Financial Services USA LLC (“MBF”) and plaintiff Isabel

20 Robles (“Robles”), by and through their respective counsel, hereby file this joint status report in
21 accordance with this Court’s Order of September 14, 2012. On that date, the Court stayed this
22 lawsuit, including MBF’s pending motion to compel arbitration, due to the ongoing appeal in
23 Sanchez v. Valencia Holding Company, Case No. S199119, in the California Supreme Court.
24 Sanchez is addressing the enforceability of a nearly identical arbitration clause.
25

As of the date of this report, Sanchez is fully briefed, but has not been scheduled for oral

26 argument. On February 19, 2014, the Supreme Court invited supplemental briefing regarding the
27 appropriate test for substantive unconscionability under California law. Supplemental briefs were
28 submitted on March 12, 2014. Until Sanchez is decided, this matter should remain stayed.
14000.0011/3430945.1

1

3:12-CV-00550-JSC
Joint Status Report

1

In accordance with the Court’s September 14, 2012 Order, the parties will submit another

2 status report in 90 days.
3 DATED: September 12, 2014

SEVERSON & WERSON
A Professional Corporation

4
5

By:

6

/S/ Erik Kemp
Erik Kemp

7
Attorneys for Defendant Mercedes-Benz Financial
Services USA LLC

8
9
10 DATED: September 12, 2014

KEMNITZER, BARRON & KRIEG LLP

11
12

By:

/S/ Bryan Kemnitzer
Bryan Kemnitzer

13

Attorneys for Plaintiff Isabel Robles

14
15
16
17

A joint status report shall be filed by December 15, 2014.

19

S
Dated: September 15, 2014

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14000.0011/3430945.1

2

3:12-CV-00550-JSC
Joint Status Report