Zaborowski et al v. MHN Government Services, Inc. et al

Filing 26

ORDER REGARDING SCHEDULE FOR MOTION TO COMPEL ARBITRATION 23 (Illston, Susan) (Filed on 11/14/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THOMAS ZABROWSKI and VANESSA
BALDINI, on behalf of themselves and all others
similarly situated,

United States District Court
For the Northern District of California

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No. C 12-05109 SI
ORDER REGARDING SCHEDULE FOR
MOTION TO COMPEL ARBITRATION

Plaintiffs,
v.

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MHN GOVERNMENT SERVICES, INC. and
MANAGED HEALTH NETWORK, INC.,
Defendants.

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Plaintiffs filed a motion to compel arbitration on November 1, 2012. On November 5, 2012,

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Cindy Hiett et al. filed a motion to intervene and a motion to shorten time so that the motion to intervene

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could be heard on November 16, 2012. The plaintiffs and defendants each filed a response to the motion

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to intervene. Thereafter, however, putative interveners withdrew their motion to intervene.

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In light of these events, the Court will allow the parties more time to respond to the motion to

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compel arbitration. Plaintiffs are ORDERED to respond to defendants’ motion to compel arbitration by

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December 21, 2012, and defendants are ORDERED to reply to plaintiffs’ opposition by January 11,

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2013. The hearing on the motion to compel arbitration is now scheduled for January 25, 2013.

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In granting the parties more time, the Court requests that the briefing include more information

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on the status the two related suits in Washington. In particular, the Court would like the briefing to

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clarify whether, under the first-to-file rule or comity doctrine, the Court should not decline to adjudicate

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the arbitration issue when it is already properly before the Western District of Washington. See Church

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of Scientology of California v. U.S. Dept. of Army, 611 F.2d 738, 749 (9th Cir. 1979).

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IT IS SO ORDERED.

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Dated: November 14, 2012
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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