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

Filing 18

ORDER GRANTING 17 Stipulation to Continue Case Management Conference and Corresponding Deadlines. Case Management Statement due by 3/15/2013. Case Management Conference set for 3/22/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on January 24, 2013. (jswlc3, COURT STAFF) (Filed on 1/24/2013)

Case3:12-cv-05792-JSW Document17 Filed01/23/13 Page1 of 5

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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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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

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Case No. CV 12-05792-JSW
STIPULATED REQUEST TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE AND CORRESPONDING
DEADLINES AND [PROPOSED] ORDER

v.

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

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Defendants.

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-1STIPULATED REQUEST TO CONTINUE INITIAL CMC AND CORRESPONDING
DEADLINES and [PROPOSED] ORDER
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document17 Filed01/23/13 Page2 of 5

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

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

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

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

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request:

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WHEREAS, upon removal to this Court on November 9, 2012, this action was assigned to
Magistrate Judge Donna M. Ryu;

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WHEREAS, on November 9, 2012, the Court issued an ORDER SETTING INITIAL CASE

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MANAGEMENT CONFERENCE AND ADR DEADLINES (the “November 9 Order”), assigning

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the action to the Alternative Dispute Resolution (“ADR”) Multi-Option Program and: (1) scheduling

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the Initial Case Management Conference (“CMC”) for February 13, 2013; (2) noting that, according

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to Federal Rule of Civil Procedure 26(a)(1) and Local Rule 16-9, the Parties are to file their Joint

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Case Management Statement no later than February 6, 2013; (3) noting that, according to Federal

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Rule of Civil Procedure 26(f) and ADR Local Rule 3-5, the last day for the Parties to meet and confer

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regarding initial disclosures, early settlement, ADR process selection, and a discovery plan is January

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23, 2013; and (4) noting that, according to Local Rule 16-8 and ADR Local Rule 3-5, the last day for

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the Parties to file their respective ADR Certifications is January 23, 2013; and (5) noting that,

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according to Local Rule 16-8 and ADR Local Rule 3-5, the last day for the Parties to file either a

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Stipulation to ADR Process or a Notice of Need for ADR Phone Conference is January 23, 2013.

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WHEREAS, the November 9 Order noted that in the event that the Initial CMC is continued,
the other deadlines are continued accordingly;

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

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WHEREAS, on November 20, 2012, the Court issued an ORDER SETTING CASE

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MANAGEMENT CONFERENCE AND REQUIRING CASE MANAGEMENT CONFERENCE

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STATEMENT, rescheduling the initial CMC for February 15, 2013 and ordering the parties to file

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their joint case management statement no later than five court days before the Initial CMC.

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-2STIPULATED REQUEST TO CONTINUE INITIAL CMC AND CORRESPONDING
DEADLINES and [PROPOSED] ORDER
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document17 Filed01/23/13 Page3 of 5

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WHEREAS, according to the November 9 Order, the continuance of the Initial CMC (from

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February 13, 2013 to February 15, 2013) continued all of the deadlines set in the November 9 Order

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by two days such that the current deadlines are as follows: (1) February 8, 2013 is the last day for the

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Parties to file their Joint Case Management Statement; (2) January 25, 2013 is the last day for the

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Parties to meet and confer regarding initial disclosures, early settlement, selecting an ADR process,

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and a discovery plan; (3) January 25, 2013 is the last day for the Parties to file their respective ADR

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Certifications; and (4) January 25, 2013 is the last day for the Parties to file either a Stipulation to

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ADR Process or a Notice of Need for ADR Phone Conference.

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WHEREAS, Defendants have filed a Motion to Compel Arbitration, seeking to compel the

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arbitration of Plaintiff Bernal’s and Plaintiff Bailey’s respective claims pursuant to the terms of the

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arbitration agreement contained in each of Plaintiffs’ loan agreements with Defendants;

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WHEREAS, Defendants’ Motion to Compel Arbitration is now fully briefed and is scheduled
to be heard on February 1, 2013;

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WHEREAS, the Parties have met and conferred and have agreed that in light of the nature of

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the pending Motion to Compel Arbitration (which could result in a stay of this action while Plaintiffs’

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claims are arbitrated), and in the interests of efficiency and judicial economy, there is good cause for a

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short continuance of the Initial CMC and corresponding deadlines;

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NOW, THEREFORE, THE PARTIES HEREBY SUBMIT THIS STIPULATED REQUEST
as follows:

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In light of the pending Motion to Compel Arbitration, the Parties request that the Initial Case

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Management Conference be continued for at least 30 days, until March 22, 2013 at 1:30 p.m., or as

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soon thereafter as the Court has availability. Assuming a March 22, 2013 CMC, the Parties hereby

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request that the corresponding deadlines be continued as follows:

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The Parties’ deadline, in accordance with Federal Rule of Civil Procedure 26(a)(1) and Local
Rule 16-9, for filing their Joint Case Management Statement be continued to March 15, 2013;

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-3STIPULATED REQUEST TO CONTINUE INITIAL CMC AND CORRESPONDING
DEADLINES and [PROPOSED] ORDER
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document17 Filed01/23/13 Page4 of 5

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The Parties’ deadline for meeting and conferring, in accordance with Federal Rule of Civil

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Procedure 26(f) and ADR Local Rule 3-5, regarding initial disclosures, early settlement, ADR

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process selection, and a discovery plan, be continued to March 1, 2013;

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•

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The Parties’ deadline, in accordance with Local Rule 16-8 and ADR Local Rule 3-5, for filing
their respective ADR Certifications be continued to March 1, 2013; and

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The Parties’ deadline, in accordance with Local Rule 16-8 and ADR Local Rule 3-5, for filing

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either a Stipulation to ADR Process or a Notice of Need for ADR Phone Conference be

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continued to March 1, 2013.

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Dated: January 23, 2013

Respectfully submitted,

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O’RIELLY & ROCHE LLP

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By: __/s/ Daniel J. O’Rielly__________
Daniel J. O’Rielly

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

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Dated: January 23, 2013

LAKESHORE LAW CENTER

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By: __/s/ Jeffrey Wilens_______________
Jeffrey Wilens
Attorneys for Plaintiffs
PAULA BERNAL and MARY F. BAILEY

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-4STIPULATED REQUEST TO CONTINUE INITIAL CMC AND CORRESPONDING
DEADLINES and [PROPOSED] ORDER
Case No. CV 12-05792-JSW

Case3:12-cv-05792-JSW Document17 Filed01/23/13 Page5 of 5

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[PROPOSED] ORDER

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The Initial Case Management Conference is hereby continued for 35 days and shall be held on

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March 22, 2013 at 1:30 p.m., in Courtroom 11, 19th Floor, Federal Building, 450 Golden Gate

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Avenue, San Francisco, California. The corresponding deadlines are continued as follows:

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shall file their Joint Case Management Statement no later than March 15, 2013;
•

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selection, and a discovery plan no later than March 1, 2013;
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The Parties shall meet and confer, in accordance with Federal Rule of Civil Procedure 26(f)
and ADR Local Rule 3-5, regarding initial disclosures, early settlement, ADR process

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In accordance with Federal Rule of Civil Procedure 26(a)(1) and Local Rule 16-9, the Parties

In accordance with Local Rule 16-8 and ADR Local Rule 3-5, the Parties shall file their
respective ADR Certifications no later than March 1, 2013; and

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In accordance with Local Rule 16-8 and ADR Local Rule 3-5, the Parties shall file either a

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Stipulation to ADR Process or a Notice of Need for ADR Phone Conference no later than

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March 1, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January ______, 2013

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_____________________________
The Honorable Jeffery S. White
UNITED STATES DISTRICT JUDGE

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-5STIPULATED REQUEST TO CONTINUE INITIAL CMC AND CORRESPONDING
DEADLINES and [PROPOSED] ORDER
Case No. CV 12-05792-JSW