Bernal et al v. Cash America International, Inc. et al

Filing 15

ORDER GRANTING 12 STIPULATION To Continue Briefing Schedule on Defendants' Motion To Compel Arbitration. Responses due by 12/14/2012. Replies due by 12/24/2012.. Signed by Judge Jeffrey S. White on 12/11/12. (jjoS, COURT STAFF) (Filed on 12/11/2012)

Case3:12-cv-05792-JSW Document12 Filed12/07/12 Page1 of 5

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Jeffrey Wilens (State Bar No. 120371)
Lakeshore Law Center
18340 Yorba Linda Boulevard, No. 107-610
Yorba Linda, California 92886
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
PAULA BERNAL and MARY F. BAILEY
Daniel J. O’Rielly (State Bar No. 214846)
Anne M. Hunter (State Bar No. 221455)
O’RIELLY & ROCHE LLP
4 Embarcadero Center, Suite 1400
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CASH AMERICA INTERNATIONAL, INC.,
and CNU OF CALIFORNIA, LLC (formerly known as
CASH AMERICA NET OF CALIFORNIA, LLC)

15

UNITED STATES DISTRICT COURT

16
NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18
19
20
21

PAULA BERNAL and MARY F. BAILEY, on
behalf of themselves and all persons similarly
situated,
Plaintiffs,

22
23
24

Case No. CV 12-05792-JSW
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO COMPEL
ARBITRATION

v.

26

CASH AMERICA INTERNATIONAL, INC.,
CASH AMERICA NET OF CALIFORNIA, LLC,
CNU OF CALIFORNIA, LLC, and Does 1
through 100, inclusive,

27

Defendants.

25

28
-1STIPULATION and [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document12 Filed12/07/12 Page2 of 5

1

Plaintiffs PAULA BERNAL and MARY F. BAILEY and Defendants CASH AMERICA

2

INTERNATIONAL, INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH

3

AMERICA NET OF CALIFORNIA, LLC) (hereinafter, collectively, the “Parties”), by and through

4

their undersigned counsel, report that they have met and conferred and have reached the following

5

Stipulation:

6

WHEREAS, Plaintiffs initially filed suit in California Superior Court, County of Alameda,

7

against Defendants for claims arising from various separate loan transactions between Plaintiff Bernal

8

and Plaintiff Bailey, respectively, and Defendants;

9
10

WHEREAS, on November 9, 2012, Defendants removed this action to the United States
District Court for the Northern District of California;

11

WHEREAS, upon removal, this action was assigned to Magistrate Judge Donna M. Ryu;

12

WHEREAS, on November 14, 2012, Defendants filed a Declination to Proceed Before a

13
14

Magistrate Judge;
WHEREAS, on November 16, 2012, Defendants filed a Motion to Compel Arbitration

15

(“Motion”), seeking to compel the arbitration of Plaintiff Bernal’s and Plaintiff Bailey’s respective

16

claims pursuant to the terms of the arbitration agreement contained in each of Plaintiffs’ loan

17

agreements with Defendants;

18
19

WHEREAS, Defendants noticed the hearing on their Motion in accordance with Magistrate
Judge Ryu’s calendar;

20

WHEREAS, on November 20, 2012, this action was reassigned to Judge Jeffrey S. White;

21

WHEREAS, on November 21, 2012, Defendants re-noticed the hearing on their Motion in

22

accordance with Judge White’s calendar;

23

WHEREAS, Plaintiffs concede that their claims are subject to arbitration;

24

WHEREAS, the Parties are in the process of preparing a stipulation to stay the present action

25

and proceed to arbitration on Plaintiffs’ respective claims;

26

WHEREAS, Plaintiffs’ opposition to Defendants’ Motion was to be filed no later than

27

November 30, 2012 and Defendants’ reply, if any, in support of their Motion was to be filed no later

28

than December 7, 2012;
-2STIPULATION and [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document12 Filed12/07/12 Page3 of 5

1
2
3
4

WHEREAS, the Parties agree to continue Plaintiffs’ deadline for filing their opposition to
Defendants’ Motion to December 14, 2012;
WHEREAS, the Parties agree to continue Defendants’ deadline for filing their reply, if any, in
support of their Motion to December 24, 2012;

5
6
7

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE as follows:

8

Plaintiffs’ deadline for filing an opposition to Defendants’ Motion to Compel Arbitration shall

9

be continued to December 14, 2012 and Defendants’ deadline for filing a reply in support of their

10

Motion shall be continued to December 24, 2012.

11
12

Dated: December 7, 2012

Respectfully submitted,

13

O’RIELLY & ROCHE LLP

14

By:

15

Attorneys for Defendants
CASH AMERICA INTERNATIONAL,
INC.,
and CNU OF CALIFORNIA, LLC
(formerly known as CASH AMERICA NET
OF CALIFORNIA, LLC)

16
17
18
19
20
21
22
23
24

/s/ Daniel J. O’Rielly
Daniel J. O’Rielly

Dated: December 7, 2012

LAKESHORE LAW CENTER
By: /s/ Jeffrey Wilens
Jeffrey Wilens
Attorneys for Plaintiffs
PAULA BERNAL and MARY F. BAILEY

25
26
27
28
-3STIPULATION and [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document12 Filed12/07/12 Page4 of 5

1

[PROPOSED] ORDER

2

Plaintiffs’ deadline for filing a response to Defendants’ Motion to Compel Arbitration is

3

hereby continued to December 14, 2012; Defendants’ deadline for filing a reply, if any, in support of

4

their Motion to Compel Arbitration is hereby continued to December 24, 2012.

5
6

PURSUANT TO STIPULATION, IT IS SO ORDERED.

7
8

11
Dated: December ___, 2012

9
10
11
12

_____________________________
The Honorable Jeffery S. White
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4STIPULATION and [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document12 Filed12/07/12 Page5 of 5

1

CERTIFICATE OF SERVICE

2
3
4

I declare that I am over the age of 18 years and not a party to the within action. My business
address is 4 Embarcadero Center, Suite 1400, San Francisco, California, 94111.

5

On December 7, 2012 I served the following document(s):

6
7
8
9
10
11
12
13
14
15
16
17
18
19

•

STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING
SCHEDULE ON DEFENDANTS’ MOTION TO COMPEL ARBITRATION

To:
Jeffrey Wilens, Esq.
LAKESHORE LAW CENTER
18340 Yorba Linda Blvd., Suite 107-610
Yorba Linda, CA 92886
Phone: [phone]
Fax: [phone]
[e-mail]
Jeffrey P. Spencer, Esq.
THE SPENCER LAW FIRM
903 Calle Amanecer, Suite 220
San Clemente, CA 92673
Phone: [phone]
Fax: [phone]
[e-mail]
XXX BY ECF. I caused such documents to be e-filed with the Court which were then served on
counsel via the ECF filing system.

20
21

I declare under penalty of perjury under the laws of the United States of America that the

22

foregoing is true and correct and that this Declaration was executed on December 7, 2012 at San

23

Francisco, California.

24
25

/s/ Nydia Avellan
Nydia Avellan

26
27
28
1
CERTIFICATE OF SERVICE
Case No. CV 12-05792-JSW