Ortiz et al v. Spark Energy, LLC
Filing
59
ORDER GRANTING LEAVE FOR SUBMISSION OF SUPPLEMENTAL EVIDENCE RE MOTION TO COMPEL ARBITRATION. Signed by Judge Jeffrey S. White on 1/20/16. (jjoS, COURT STAFF) (Filed on 1/20/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ARTURO AMAYA, et al.,
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Plaintiffs,
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v.
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SPARK ENERGY GAS, LLC, et al.,
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Defendants.
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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
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Defendant Spark Energy Gas, LLC, filed a motion to dismiss the claims of Plaintiff Arturo
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Amaya and compel arbitration of the claims of Plaintiff Barbara Gehrke.1 In support of Plaintiffs’
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opposition to the motion to compel arbitration, Plaintiffs submitted the declaration of Theodore H.
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Chase, Esq., counsel for Plaintiffs in this case, attaching as Exhibit A “a true and correct copy of a
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Spark Welcome Letter addressed to Plaintiff Gehrke and the accompanying document titled
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Customer Disclosure Statement and Terms of Service.” (Chase Decl. ¶ 3.) In reply, Defendant
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identified various defects in the Chase Declaration and Exhibit A thereto. (Reply at 2-4; see also
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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,
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HEREBY GRANTS Plaintiffs one final opportunity to submit whatever competent declarations or
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other evidence they can, in good faith and consistent with their obligations under Rule 11 of the
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Federal Rules of Civil Procedure, in support of their contention that Chase Exhibit A is the only
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enforceable contract between Defendants and Plaintiff Gehrke. If any clerical or other errors were
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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.)
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ma in the sub
ade
bmission of Chase Exhib A, this is also Plaintiffs’ opportu
bit
s
unity to addre and
ess
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rec
ctify them.
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uary 3, 2016, Plaintiffs m submit a declarati
,
may
any
ions or other evidence in
r
n
No later than Febru
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res
sponse to this order, acco
s
ompanied by an optional supplement brief of n more than five pages.
y
l
tal
no
n
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If Plain
ntiffs elect to file a response to this o
o
order, then D
Defendants m no later than
may,
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Feb
bruary 12, 2016, file a su
upplemental reply of no more five p
l
pages in response Plaintif
ffs’
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sub
bmission, accompanied, if appropria by rebutt evidence.
ate,
tal
.
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United States District Court
Northern District of California
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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
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JE
EFFREY S. W
WHITE
Un
nited States D
District Judg
ge
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