LaChapelle v. Omni Hotels Management Corporation

Filing 27

ORDER AFFORDING PARTIES LEAVE TO FILE SUPPLEMENTAL BRIEFING; VACATING APRIL 30, 2021 HEARING ON DEFENDANT'S MOTION TO COMPEL ARBITRATION. Each of the parties is afforded leave to file, no later than May 7, 2021, a supplemental brief, not to exceed five pages in length. As of May 7, 2021, the Court, unless the parties are otherwise advised, will take defendant's motion under submission. Signed by Judge Maxine M. Chesney on April 26, 2021. (mmclc1, COURT STAFF) (Filed on 4/26/2021)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 EVELYN LACHAPELLE, 7 Plaintiff, 8 v. 9 OMNI HOTELS MANAGEMENT CORPORATION, 10 United States District Court Northern District of California 11 Case No. 21-cv-00490-MMC ORDER AFFORDING PARTIES LEAVE TO FILE SUPPLEMENTAL BRIEFING; VACATING APRIL 30, 2021 HEARING ON DEFENDANT'S MOTION TO COMPEL ARBITRATION Defendant. 12 13 Before the Court is defendant Omni Hotels Management Corporation's Motion to 14 Compel Arbitration, filed March 24, 2021. Plaintiff Evelyn Lachapelle has filed opposition, 15 to which defendant has replied. Having read and considered the parties' respective 16 written submissions, the Court hereby VACATES the hearing scheduled for April 30, 17 2021, and will afford the parties leave to file supplemental briefing, as discussed below. 18 In opposing the motion, plaintiff argues the arbitration agreement is illusory, and 19 thus unenforceable, in light of a provision therein allowing defendant to unilaterally modify 20 or revoke the agreement. Although both parties have cited to cases on which they 21 respectively rely, the Court has located additional authority that appears to bear on the 22 issue, specifically, Peleg v. Neiman Marcus Group, Inc., 204 Cal. App. 4th 1425 (2012), 23 and will afford the parties leave to file supplemental briefing to address that case. 24 Accordingly, each of the parties is hereby afforded leave to file, no later than May 25 7, 2021, a supplemental brief, not to exceed five pages in length, addressing the above- 26 referenced authority, as well as any other authority not previously discussed in the 27 parties' respective briefing that may bear on the above-referenced issue. 28 // 1 2 3 As of May 7, 2021, the Court, unless the parties are otherwise advised, will take defendant's motion under submission. IT IS SO ORDERED. 4 5 Dated: April 26, 2021 MAXINE M. CHESNEY United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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