Legaspi v. SSC Carmichael Operating Company LP et al

Filing 27

ORDER RE 25 , 26 PARTIES' ADMINISTRATIVE MOTIONS. Signed by Judge Beth Labson Freeman on 5/31/2018. (blflc1S, COURT STAFF) (Filed on 5/31/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KRISTINE LEGASPI,

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Plaintiff,

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Case No. 18-cv-01391-BLF
ORDER RE PARTIES’
ADMINISTRATIVE MOTIONS

v.
SSC CARMICHAEL OPERATING
COMPANY LP, et al.,

[Re: ECF 25, 26]

United States District Court
Northern District of California

Defendants.
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Defendants have filed an administrative motion to stay their ADR and discovery

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obligations pending resolution of their “Motion to Dismiss Plaintiff’s Complaint as to Defendant

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SavaSeniorCare, LLC and Motion to Compel Arbitration of Remaining Claims” (hereinafter

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“Motion to Dismiss/Compel Arbitration”), which is set for hearing on October 4, 2018.

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Plaintiff has filed an opposition to Defendants’ administrative motion and request for

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extension of her deadline to oppose Defendants’ Motion to Dismiss/Compel Arbitration. Plaintiff

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wishes to conduct jurisdictional discovery regarding Defendant SavaSeniorCare, LLC, which

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seeks dismissal under Federal Rule of Civil Procedure 12(b)(2), and discovery regarding the

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arbitration provision asserted by Defendants. Plaintiff has served special interrogatories and

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document requests on Defendants, but their responses are due after Plaintiff’s deadline to oppose

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Defendant’s Motion to Dismiss/Compel Arbitration.

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Both parties’ requests are GRANTED IN PART. Defendants’ motion to stay their ADR

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and discovery obligations is GRANTED, EXCEPT as to limited discovery related to arbitration

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issues. Defendants shall respond to Plaintiff’s pending discovery requests to the extent they relate

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to arbitration. Defendants also shall produce a witness pursuant to Federal Rule of Civil

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Procedure 30(b)(6) for a single deposition, not to exceed 2 hours, regarding Defendants’

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contention that Plaintiff’s claims are subject to arbitration.

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Plaintiff may submit a renewed request for jurisdictional discovery, setting forth a

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proposed discovery plan which specifies what discovery Plaintiff wishes to take and its relevance

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to Defendants’ Motion to Dismiss/Compel Arbitration. That request shall be filed as an

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administrative motion, and any response to the motion shall be filed within 4 days.

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The parties shall meet and confer regarding a revised briefing schedule for Defendants’

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Motion to Dismiss/Compel Arbitration. In no event shall the reply be filed less than 2 weeks prior

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to the October 4, 2018 hearing date.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: May 31, 2018
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BETH LABSON FREEMAN
United States District Judge

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