Ortiz et al v. Spark Energy, LLC

Filing 59


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ARTURO AMAYA, et al., 7 Plaintiffs, 8 v. 9 SPARK ENERGY GAS, LLC, et al., 10 Defendants. 11 United States District Court Northern District of California Case No. 15-cv-02326-JSW ORDER GRANTING LEAVE FOR SUBMISSION OF SUPPLEMENTAL EVIDENCE RE MOTION TO COMPEL ARBITRATION Re: Dkt. No. 48 12 13 Defendant Spark Energy Gas, LLC, filed a motion to dismiss the claims of Plaintiff Arturo 14 Amaya and compel arbitration of the claims of Plaintiff Barbara Gehrke.1 In support of Plaintiffs’ 15 opposition to the motion to compel arbitration, Plaintiffs submitted the declaration of Theodore H. 16 Chase, Esq., counsel for Plaintiffs in this case, attaching as Exhibit A “a true and correct copy of a 17 Spark Welcome Letter addressed to Plaintiff Gehrke and the accompanying document titled 18 Customer Disclosure Statement and Terms of Service.” (Chase Decl. ¶ 3.) In reply, Defendant 19 identified various defects in the Chase Declaration and Exhibit A thereto. (Reply at 2-4; see also 20 Defendant’s Response to Plaintiffs’ Sur-Reply at 5-8.) Given the record in this case and in the interests of justice, the Court, sua sponte, 21 22 HEREBY GRANTS Plaintiffs one final opportunity to submit whatever competent declarations or 23 other evidence they can, in good faith and consistent with their obligations under Rule 11 of the 24 Federal Rules of Civil Procedure, in support of their contention that Chase Exhibit A is the only 25 enforceable contract between Defendants and Plaintiff Gehrke. If any clerical or other errors were 26 27 28 1 Defendant also moved to dismiss the claims of then-Plaintiff Margaret Smith. This motion, however, is moot in light of the November 18, 2015 notice of withdrawal of Plaintiff Smith. (Dkt. No. 53.) 1 ma in the sub ade bmission of Chase Exhib A, this is also Plaintiffs’ opportu bit s unity to addre and ess 2 rec ctify them. 3 uary 3, 2016, Plaintiffs m submit a declarati , may any ions or other evidence in r n No later than Febru 4 res sponse to this order, acco s ompanied by an optional supplement brief of n more than five pages. y l tal no n 5 If Plain ntiffs elect to file a response to this o o order, then D Defendants m no later than may, 6 Feb bruary 12, 2016, file a su upplemental reply of no more five p l pages in response Plaintif ffs’ 7 sub bmission, accompanied, if appropria by rebutt evidence. ate, tal . 8 9 10 United States District Court Northern District of California 11 12 e ntal ties t r In these supplemen submissions, the part shall not revisit their arguments regarding the evidence pr e reviously sub bmitted. Ra ather, the par rties shall ad ddress only w whatever fur rther evi idence Plaint tiffs may sub bmit pursuan to this ord nt der. IT IS SO ORDER S RED. Da ated: January 20, 2016 y 13 14 JE EFFREY S. W WHITE Un nited States D District Judg ge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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