Khan v. Orkin Exteminating Company, Inc. et al

Filing 33

ORDER, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 3/4/11. (lrc, COURT STAFF) (Filed on 3/4/2011)

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Khan v. Orkin Exteminating Company, Inc. et al Doc. 33 1 2 3 4 5 6 AMIR KHAN, on behalf of himself and all UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No: C 10-02156 SBA ORDER similarly situated, 7 Plaintiff, 8 vs. 9 ORKIN EXTERMINATING COMPANY, 10 INC.; ORKIN, INC.; ORKIN LLC, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. Plaintiffs filed the instant class action on May 19, 2010. The case was assigned to Judge Vaughn Walker. On July 2, 2010, Defendants filed a motion to stay and to compel arbitration. Dkt. 20. On July 15, 2010, Judge Walker issued an order staying the action pending the Supreme Court's forthcoming decision in AT&T Mobility LLC v. Concepcion, 130 S.Ct. 3322 (2010). Dkt. 30. In view of that decision, Judge Walker expressly declined to reach the merits of Defendants' motion to stay and to compel arbitration. Id. at 9-10. The action was subsequently reassigned to this Court on January 31, 2011, as a result of Judge Walker's retirement. Dkt. 31, 32. Accordingly, IT IS HEREBY ORDERED THAT the Clerk shall administratively close the instant action. Within thirty days of the Supreme Court's issuance of a written decision or order in Concepcion, the parties shall file a joint request to reopen the case and request that the Court to schedule a case management conference. This Order terminates Docket 20. IT IS SO ORDERED. Dated: March 4, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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