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BERNAL v. CASH AMERICA INTERNATIONAL, INC., CV 12-05792-JSW. (2012)

Court: District Court, N.D. California Number: infdco20121212920 Visitors: 14
Filed: Dec. 11, 2012
Latest Update: Dec. 11, 2012
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION JEFFERY S. WHITE, District Judge. Plaintiffs PAULA BERNAL and MARY F. BAILEY and Defendants CASH AMERICA INTERNATIONAL, INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH AMERICA NET OF CALIFORNIA, LLC) (hereinafter, collectively, the "Parties"), by and through their undersigned counsel, report that they have met and conferred and have reached the following Stipulation: WHERE
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION

JEFFERY S. WHITE, District Judge.

Plaintiffs PAULA BERNAL and MARY F. BAILEY and Defendants CASH AMERICA INTERNATIONAL, INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH AMERICA NET OF CALIFORNIA, LLC) (hereinafter, collectively, the "Parties"), by and through their undersigned counsel, report that they have met and conferred and have reached the following Stipulation:

WHEREAS, Plaintiffs initially filed suit in California Superior Court, County of Alameda, against Defendants for claims arising from various separate loan transactions between Plaintiff Bernal and Plaintiff Bailey, respectively, and Defendants;

WHEREAS, on November 9, 2012, Defendants removed this action to the United States District Court for the Northern District of California;

WHEREAS, upon removal, this action was assigned to Magistrate Judge Donna M. Ryu;

WHEREAS, on November 14, 2012, Defendants filed a Declination to Proceed Before a Magistrate Judge;

WHEREAS, on November 16, 2012, Defendants filed a Motion to Compel Arbitration ("Motion"), seeking to compel the arbitration of Plaintiff Bernal's and Plaintiff Bailey's respective claims pursuant to the terms of the arbitration agreement contained in each of Plaintiffs' loan agreements with Defendants;

WHEREAS, Defendants noticed the hearing on their Motion in accordance with Magistrate Judge Ryu's calendar;

WHEREAS, on November 20, 2012, this action was reassigned to Judge Jeffrey S. White;

WHEREAS, on November 21, 2012, Defendants re-noticed the hearing on their Motion in accordance with Judge White's calendar;

WHEREAS, Plaintiffs concede that their claims are subject to arbitration;

WHEREAS, the Parties are in the process of preparing a stipulation to stay the present action and proceed to arbitration on Plaintiffs' respective claims;

WHEREAS, Plaintiffs' opposition to Defendants' Motion was to be filed no later than November 30, 2012 and Defendants' reply, if any, in support of their Motion was to be filed no later than December 7, 2012;

WHEREAS, the Parties agree to continue Plaintiffs' deadline for filing their opposition to Defendants' Motion to December 14, 2012;

WHEREAS, the Parties agree to continue Defendants' deadline for filing their reply, if any, in support of their Motion to December 24, 2012;

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE as follows:

Plaintiffs' deadline for filing an opposition to Defendants' Motion to Compel Arbitration shall be continued to December 14, 2012 and Defendants' deadline for filing a reply in support of their Motion shall be continued to December 24, 2012.

[PROPOSED] ORDER

Plaintiffs' deadline for filing a response to Defendants' Motion to Compel Arbitration is hereby continued to December 14, 2012; Defendants' deadline for filing a reply, if any, in support of their Motion to Compel Arbitration is hereby continued to December 24, 2012.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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