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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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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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,

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Dkt. 51
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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,
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Defendants.
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Good cause appearing,

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IT IS HEREBY ORDERED THAT:

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Defendants’ motion to change time is GRANTED.

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2.

By no later than May 13, 2011, Defendants shall refile their Motion to

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Compel Arbitration and Stay Judicial Proceedings and incorporate the Supreme Court’s

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recent decision in AT&T Mobility LLC v. Concepcion, No. 09-893, 2011 WL 1561956

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(April 27, 2011), to the extent that it is applicable to the issues presented in the motion.

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Said memorandum will supersede Docket 46, which will be terminated. The motion may

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not exceed fifteen (15) pages in length. Defendants need not refile their supporting

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declarations; however, Defendants’ revised memorandum shall include citations to the

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Docket number that corresponds to each declaration. Plaintiffs’ opposition shall be filed

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May 27, 2011, and Defendants’ reply, shall be filed by June 3, 2011. The opposition and

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reply may not exceed fifteen (15) and ten (10) pages, respectively. The motion hearing

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date of June 21, 2011, shall remain unchanged. The Court, in its discretion, may resolve

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the motion without oral argument. Fed. R. Civ. P. 78(b); Civ. L.R. 7-1(b). The parties are

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advised to check the Court’s website to determine whether an appearance is required.

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3.

Plaintiffs’ Motion for Conditional Certification (Dkt. 43) shall be held in

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ABEYANCE pending further order of the Court. The hearing on the motion scheduled for

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June 21, 2011, is VACATED.

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4.

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IT IS SO ORDERED.

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This Order terminates Docket 46 and 51.

Dated: May 4, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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