Muller et al v. Auto Mission, LTD et al

Filing 16

ORDER [AS MODIFIED] Extending Briefing Schedule re Stipulation 15 . Responses due by 3/19/2013. Replies due by 3/29/2013. Hearing on Defendant's Motion to Compel Arbitration 5 set for 4/17/2003 01:00 PM. Signed by Judge Nathanael Cousins on 3/18/13. (lmh, COURT STAFF) (Filed on 3/18/2013)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
ANNA S. McLEAN, Cal. Bar No. 142233
[e-mail]
LAI L. YIP, Cal. Bar No. 258029
[e-mail]
CHARLOTTE O. CUNNINGHAM, Cal. Bar No. 287222
[e-mail]
Four Embarcadero Center, 17th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415.434.3947

8 Attorneys for Defendant

TOYOTA MOTOR CREDIT CORPORATION

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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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ROBERT P. MULLER, an individual,

Case No. 3:13-cv-00304-NC

YOLANDA MIANI, an individual, and

STIPULATION TO EXTEND
BRIEFING SCHEDULE AND
CONTINUE HEARING ON
MOTION TO COMPEL
ARBITRATION AND ORDER AS MODIFIED

14 CESAR MIANI, an individual,

15 on behalf of the general public,

Plaintiffs,

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v.

18 AUTO MISSION, LTD., a corporation

doing business as HAYWARD

19 TOYOTA; TOYOTA MOTOR

CREDIT CORPORATION, a

20 corporation; and DOES 1 through 20,

inclusive,

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Defendants.

Judge: Hon. Nathanael Cousins
Date: April 3, 2013
Time: 1:00 p.m.
Crtrm: A, 15th Fl.
Complaint Filed:
Trial Date

August 31, 2012
None Set

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SMRH:408168988.1

Case No. 3:13-cv-00304-NC
STIPULATION TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON
MOTION TO COMPEL ARBITRATION

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STIPULATION

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WHEREAS plaintiffs Robert P. Muller, Cesar Miani, and Yolanda Miani

3 have requested an extension to respond to the Motion to Compel Arbitration filed by
4 defendant Toyota Motor Credit Corporation (“TMCC”);
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WHEREAS the hearing on the Motion to Compel Arbitration is presently set

6 for April 3, 2013;
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WHEREAS no time modifications have been made in this case to date;

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WHEREAS the parties have met and conferred and agree that plaintiffs will

9 have up to and including March 19, 2013 to file the opposition to the Motion to
10 Compel Arbitration; TMCC will have up to and including March 29, 2013 to file the
11 reply in support of the Motion to Compel Arbitration; and the hearing on the Motion
12 to Compel Arbitration will be continued from April 3, 2013 at 10:00 a.m. to April
13 17, 2013 at 10:00 a.m., or as soon thereafter as is convenient to the Court;
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THEREFORE, pursuant to Local Rule 6-2, the parties through their

15 undersigned counsel stipulate that:
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1.

The deadline for plaintiffs to file the opposition to the Motion to

17 Compel Arbitration is March 19, 2013;
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2.

The deadline for TMCC to file the reply in support of the Motion to

19 Compel Arbitration is March 29, 2013; and
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3.

The hearing on the Motion to Compel Arbitration is continued from

21 April 3, 2013 at 10:00 a.m. to April 17, 2013 at 10:00 a.m. at 1:00 PM.
22 Dated: March 18, 2013
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SHEPPARD, MULLIN, RICHTER & HAMPTON

LLP

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By

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/s/ Anna S. McLean
ANNA S. McLEAN
Attorneys for Defendant
TOYOTA MOTOR CREDIT CORPORATION

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Case No. 3:13-cv-00304-NC
STIPULATION TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON
MOTION TO COMPEL ARBITRATION

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SMRH:408168988.1

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2 Dated: March 18, 2013
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LAW OFFICES OF ROBERT G. PATRICK, A PLC

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By

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/s/ Robert G. Padrick
ROBERT G. PADRICK
Attorneys for Plaintiffs
ROBERT P. MULLER, CESAR MIANI and
YOLANDA MIANI

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9 IT IS SO ORDERED.
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S

RT

ER

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M

A

H

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thanael
Judge Na

R NIA

NO

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FO

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_______________________________
ERED
O ORD D
IT IS S
DIFIE
AS MO
Honorable Nathanael Cousins
United States MagistrateCousins
. Judge
LI

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UNIT
ED

March 18, 2013
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RT
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S DISTRICT
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Case No. 3:13-cv-00304-NC
STIPULATION TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON
MOTION TO COMPEL ARBITRATION

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SMRH:408168988.1

CERTIFICATION

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I, Anna S. McLean, am the ECF User whose identification and password are

3 being used to file this STIPULATION TO EXTEND BRIEFING SCHEDULE AND
4 CONTINUE HEARING ON MOTION TO COMPEL ARBITRATION;
5 [PROPOSED] ORDER. Pursuant to General Order 45, section X.B, I attest that
6 Robert G. Padrick has concurred in this filing.
7 Dated: March 18, 2013
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SHEPPARD, MULLIN, RICHTER & HAMPTON

LLP

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By

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/s/ Anna S. McLean
ANNA S. McLEAN
Attorneys for Defendant
TOYOTA MOTOR CREDIT CORPORATION

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Case No. 3:13-cv-00304-NC
STIPULATION TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON
MOTION TO COMPEL ARBITRATION

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SMRH:408168988.1