Michael Savetsky v. Pre-Paid Legal Services, Inc.

Filing 46

STIPULATION AND ORDER Continuing Briefing Schedule and Hearing Date as to 40 MOTION to Compel Arbitration. Responses due by 4/24/2015. Replies due by 5/8/2015. Motion Hearing set for 5/29/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 03/31/2015. (tmi, COURT STAFF) (Filed on 3/31/2015)

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Todd A. Seaver (SBN 271067)
Victor S. Elias (SBN 262269)
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Julian Hammond (SBN 268489)
Ari Cherniak (SBN 290071)
HAMMOND LAW, PC
1829 Reisterstown Rd., Suite 410
Baltimore, MD 21208
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Michael Savetsky
and the Putative Class

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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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MICHAEL SAVETSKY, individually and
on behalf of all others similarly situated,

Case No. 3:14-cv-03514-SC
CLASS ACTION

Plaintiff,
v.
PRE-PAID LEGAL SERVICES, INC.,
dba LegalShield, an Oklahoma
Corporation,
Defendant.

STIPULATED REQUEST AND
[PROPOSED] ORDER REGARDING
BRIEFING SCHEDULE AND
HEARING DATE ON
LEGALSHIELD’S MOTION TO
COMPEL ARBITRATION
[LOCAL RULES 6-2 AND 7-12]
Courtroom 1 – 17th Floor
The Hon. Samuel Conti

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[3:14-cv-03514-SC] STIPULATED REQUEST FOR ORDER TO CHANGE BRIEFING SCHEDULE AND HEARING DATE

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WHEREAS, on March 20, 2015, Defendant LegalShield filed a Motion to Compel

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Arbitration Under the Associate Agreement (“Motion to Compel Arbitration”) (ECF No. 40).

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That Motion is currently set for hearing on May 1, 2015 at 10:00 a.m.

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WHEREAS, pursuant to the Court’s local rules, Plaintiff’s opposition to the Motion to

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Compel Arbitration is due on April 3, 2015 and Defendant’s reply on the Motion to Compel

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Arbitration is due on April 10, 2015. Civil L.R. 7-3 (a) & (c).

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WHEREAS, Plaintiff’s counsel and counsel for Defendant LegalShield have conferred
regarding the briefing schedule and hearing date on the Motion to Compel Arbitration.
WHEREAS, the parties seek a three-week extension of time to respond and reply to the

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Motion to Compel Arbitration because: (1) the Motion presents complex new fact averments by

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Defendant that are not part of plaintiff’s complaint and (2) the Motion requests relief that

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involves the interplay between multiple contracts and the Court’s previous order denying a

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motion to compel arbitration in this matter (ECF No. 33). To accommodate the extended

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briefing schedule, the parties further request that the hearing date be moved from May 1, 2015

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at 10:00 a.m. to May 29, 2015 at 10:00 a.m. (a date which Plaintiff’s counsel has previously

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confirmed is an available hearing date for the Court).

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WHEREAS, no other dates have been set that would be adversely impacted by this short
extension.

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Prior Continuances

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WHEREAS, on October 16, 2014, Defendant LegalShield filed an Administrative

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Motion for Relief from Case Management Schedule (ECF No. 19), which the Court granted,

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moving the initial Case Management Conference (“CMC”) to January 30, 2015 and resetting

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related deadlines accordingly (ECF No. 20).

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WHEREAS, on January 9, 2015, the parties submitted a Stipulated Administrative

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Motion for Relief from Case Management Schedule (ECF No. 28), which the Court granted,

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moving the initial CMC to February 20, 2015, and continuing the Rule 26 deadlines accordingly

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(ECF No. 29).

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WHEREAS, on February 6, 2015, the parties submitted a Stipulated Administrative
[3:14-CV-03514-SC] STIPULATED REQUEST FOR ORDER TO CHANGE BRIEFING SCHEDULE AND HEARING DATE

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Motion for Relief from Case Management Schedule (ECF No. 30), which the Court granted,

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moving the initial CMC to April 17, 2015, and continuing the Rule 26 deadlines accordingly

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(ECF No. 31).

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WHEREAS, the Court granted the above requests to allow more time to rule on the
initial Motion to Compel Arbitration.

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Effect on Case Schedule

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WHEREAS, the parties’ request for a change in the hearing date on the motion to

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compel and corresponding enlargement of time on the briefing schedule does not require

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changes to the ADR process or other known deadlines in this case.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: March 30, 2015

HAMMOND LAW, PC

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By:

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1829 Reisterstown Rd., Suite 410
Baltimore, MD 21208
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff Michael Savetsky
and the Putative Class

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s/ Ari Cherniak
Ari Cherniak

Dated: March 27, 2015

SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP

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By:

s/ Shannon Z. Petersen
Shannon Z. Petersen

Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Telephone: [phone]
Facsimile: 415.434.3947
Email: [e-mail]

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Attorneys for Defendant Pre-Paid Legal Services,
Inc., now known as Legalshield

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[3:14-CV-03514-SC] STIPULATED REQUEST FOR ORDER TO CHANGE BRIEFING SCHEDULE AND HEARING DATE

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E-Filing Attestation
I, Ari Cherniak, am the ECF User whose ID and password are being used to file
this document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Shannon Z.
Peterson has concurred in and authorized this filing.
s/ Ari Cherniak
Ari Cherniak

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[3:14-CV-03514-SC] STIPULATED REQUEST FOR ORDER TO CHANGE BRIEFING SCHEDULE AND HEARING DATE

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PROPOSED ORDER

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Pursuant to the stipulation of the parties and and good cause being shown, IT IS

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ORDERED that:
(1) the hearing on LegalShield’s Motion to Compel Arbitration Under the Associate

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Agreement (“Motion to Compel Arbitration”) (ECF No. 40), currently scheduled for May 1,
2015, is continued until May 29, 2015 at 10:00 a.m.;
(2) the deadline for Plaintiff’s opposition to the Motion to Compel Arbitration currently

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scheduled for April 3, 2015, is continued until April 24, 2015; and
(3) the deadline for LegalShield’s reply on the Motion to Compel Arbitration currently

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scheduled for April 10, 2015, is continued until May 8, 2015.

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Dated:

ER

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Judge S

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The Honorable Samuel Conti
UNITED STATES DISTRICT JUDGE

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03/31/2015

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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[3:14-CV-03514-SC] STIPULATED REQUEST FOR ORDER TO CHANGE BRIEFING SCHEDULE AND HEARING DATE

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