Zelkind v. Flywheel Networks, Inc.

Filing 32

ORDER REGARDING DEFENDANT'S 23 MOTION TO COMPEL ARBITRATION, OR, IN THE ALTERNATIVE, STAY OF PROCEEDINGS PENDING COMPLETION OF ARBITRATION. Plaintiff's counsel shall file a declaration no later than 9/21/2015. Hearing Reset for 10/7/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 09/17/2015. (jmdS, COURT STAFF) (Filed on 9/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YANA ZELKIND,

Case No. 15-cv-03375-WHO

Plaintiff,
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v.
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FLYWHEEL NETWORKS, INC.,
Defendant.

United States District Court
Northern District of California

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ORDER REGARDING DEFENDANT'S
MOTION TO COMPEL
ARBITRATION, OR, IN THE
ALTERNATIVE, STAY OF
PROCEEDINGS PENDING
COMPLETION OF ARBITRATION
Re: Dkt. No. 23

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On August 21, 2015, defendant Flywheel Networks, Inc. filed a Motion to Compel
Arbitration and Dismiss Plaintiff’s Complaint, or, in the Alternative, Stay of Proceedings Pending
Completion of Arbitration. Dkt. No. 23. On September 12, 2015, plaintiff Yana Zelkind filed her
response to Flywheel’s motion, eight days after the expiration of the fourteen day window
provided by Civil Local Rule 7-3. Dkt. No. 30. Flywheel’s subsequent reply argued only that
Zelkind’s failure to file a timely opposition should be considered a waiver of any objection to
Flywheel’s motion. Dkt. No. 31.
Plaintiff’s counsel has yet to explain why the opposition was tardy or otherwise to show
good cause for non-compliance with the Local Rules, or that he nonetheless requests that I
consider his opposition when ruling on plaintiff’s motion. He shall file a declaration requesting
such relief no later than September 21, 2015. In the event that I consider the arguments made in
Zelkind’s opposition brief on the merits, Flywheel may submit a substantive reply addressing the
merits of Zelkind’s response by September 24, 2015.

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In order to accommodate this extended timeline, the hearing on this motion is continued to
October 7, 2014 at 2:00pm.
IT IS SO ORDERED.
Dated: September 17, 2015
______________________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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