Lou v. MA Laboratories, Inc et al
Filing
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ORDER EXTENDING DEADLINES ON MOTION TO COMPEL ARBITRATION AND REFERRING ALL DISCOVERY DISPUTES TO A RANDOMLY-ASSIGNEDMAGISTRATE JUDGE by Judge Alsup granting 34 Motion for Extension of Time to File Response/Reply re 31 MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss, or in the Alternative, Compel Arbitration and Stay the Action Pending Arbitration; Memorandum of Points and Authorities in Support Thereof ; denying 38 Discovery Letter Brief; denying 39 Motion for Leave to File Responses due by 3/28/2013. Replies due by 4/4/2013. (whalc1, COURT STAFF) (Filed on 2/11/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHELLE LOU,
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For the Northern District of California
United States District Court
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No. C 12-05409 WHA
Plaintiff,
v.
MA LABORATORIES, INC., et al.,
Defendants.
/
ORDER EXTENDING
DEADLINES ON MOTION TO
COMPEL ARBITRATION AND
REFERRING ALL DISCOVERY
DISPUTES TO A
RANDOMLY-ASSIGNED
MAGISTRATE JUDGE
Following review of defendants’ equivocating responses to the request for confirmation
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whether defendants will participate in discovery, additional guidance is in order. At the
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January 17 case management conference, defendants requested a stay of discovery in favor of
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their then-unfiled motion to compel arbitration. The request was denied. Despite this denial,
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defendants still believe that it is appropriate to resist plaintiff’s attempts to seek class-related
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discovery from defendants. They are mistaken. Full discovery will move forward, particularly
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in light of the June 6 deadline for plaintiff’s motion for class certification. Defendants are
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advised to cooperate in this discovery. Because defendants have already filed their motion
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compel, doing so will not be construed as an implicit waiver of arbitration under Van Ness
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Townhouses v. Mar Industries Corp., 862 F.2d 754, 759 (9th Cit. 1988). The renewed request of
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certain defendants for a stay is discovery (Dkt. No. 38) is DENIED.
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Plaintiff’s request for an extension of deadlines related to the motion to compel
arbitration is GRANTED to the following extent in order to provide additional time for discovery
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related to the arbitration motion: plaintiff’s opposition to the motion to compel arbitration will
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be due by MARCH 28 AT NOON; any reply thereto will be due by APRIL 4 AT NOON; the motion
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will be heard on APRIL 18 AT 8:00 A.M. This extension should not be interpreted as a de facto
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stay of other discovery during the same time period. Plaintiff’s request for leave to file a reply in
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support of the extension motion is DENIED.
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This matter is REFERRED to a randomly-assigned magistrate judge for resolution of all
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future discovery disputes. The parties must be mindful of the case management deadlines and
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bring all discovery disputes to the magistrate judge’s attention in a timely manner. The
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magistrate judge is requested to assist the Court in adhering to the case management schedule by
issuing timely rulings on the parties’ discovery disputes.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: February 11, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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