Adlao et al v. JPMorgan Chase & Co et al

Filing 62

ORDER, Set/Reset Deadlines as to 46 MOTION to Compel and Stay., Motions terminated: 51 MOTION to Continue to Change Time and/or for Administrative Relief filed by EMC Mortgage Corp., JPMorgan Chase Bank, N.A., JPMorgan Chase & Co, 43 MOTION to Certify Class filed by Marian Williams, Mary Ann Adlao. Motion due by 5/13/11. Responses due by 5/27/2011. Replies due by 6/3/2011.. Signed by Judge ARMSTRONG on 5/4/11. (lrc, COURT STAFF) (Filed on 5/5/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 OAKLAND DIVISION 8 MARY ANN ADLAO and MARY Case No: C 10-4508 SBA 9 WILLIAMS, individually and on behalf of all others similarly situated, and on behalf of the 10 general public, ORDER GRANTING DEFENDANTS’ MOTION TO CHANGE TIME Plaintiffs, 11 Dkt. 51 12 vs. 13 JPMORGAN CHASE & CO., JPMORGAN CHASE BANK, N.A., and EMC 14 MORTGAGE CORP., as successors in interest to BEAR STEARNS, INC., and 15 ENCORE CREDIT CORP., and Does 1-59, inclusive, 16 Defendants. 17 18 19 Good cause appearing, 20 IT IS HEREBY ORDERED THAT: 21 1. Defendants’ motion to change time is GRANTED. 22 2. By no later than May 13, 2011, Defendants shall refile their Motion to 23 Compel Arbitration and Stay Judicial Proceedings and incorporate the Supreme Court’s 24 recent decision in AT&T Mobility LLC v. Concepcion, No. 09-893, 2011 WL 1561956 25 (April 27, 2011), to the extent that it is applicable to the issues presented in the motion. 26 Said memorandum will supersede Docket 46, which will be terminated. The motion may 27 not exceed fifteen (15) pages in length. Defendants need not refile their supporting 28 declarations; however, Defendants’ revised memorandum shall include citations to the 1 Docket number that corresponds to each declaration. Plaintiffs’ opposition shall be filed 2 May 27, 2011, and Defendants’ reply, shall be filed by June 3, 2011. The opposition and 3 reply may not exceed fifteen (15) and ten (10) pages, respectively. The motion hearing 4 date of June 21, 2011, shall remain unchanged. The Court, in its discretion, may resolve 5 the motion without oral argument. Fed. R. Civ. P. 78(b); Civ. L.R. 7-1(b). The parties are 6 advised to check the Court’s website to determine whether an appearance is required. 7 3. Plaintiffs’ Motion for Conditional Certification (Dkt. 43) shall be held in 8 ABEYANCE pending further order of the Court. The hearing on the motion scheduled for 9 June 21, 2011, is VACATED. 10 4. 11 IT IS SO ORDERED. 12 This Order terminates Docket 46 and 51. Dated: May 4, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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