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Cash America International, Inc., and Cnu of California, LLC v. Cash America International

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 11, 2012

CASH AMERICA INTERNATIONAL, INC., AND CNU OF CALIFORNIA, LLC (FORMERLY KNOWN AS CASH AMERICA NET OF CALIFORNIA, LLC) PAULA BERNAL AND MARY F. BAILEY, ON BEHALF OF THEMSELVES AND ALL PERSONS SIMILARLY SITUATED,
PLAINTIFFS,
ARBITRATION
v.
CASH AMERICA INTERNATIONAL, INC., CASH AMERICA NET OF CALIFORNIA, LLC, CNU OF CALIFORNIA, LLC, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Jeffery S. White United States District Judge

STIPULATION AND [PROPOSED] ORDER 21 TO CONTINUE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO COMPEL

AMERICA NET OF CALIFORNIA, LLC) (hereinafter, collectively, the "Parties"), by and through 4 their undersigned counsel, report that they have met and conferred and have reached the following 5

WHEREAS, Plaintiffs initially filed suit in California Superior Court, County of Alameda, 7 against Defendants for claims arising from various separate loan transactions between Plaintiff Bernal 8 and Plaintiff Bailey, respectively, and Defendants; Plaintiffs PAULA BERNAL and MARY F. BAILEY and Defendants CASH AMERICA

INTERNATIONAL, INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH 3

Stipulation: 6

WHEREAS, on November 9, 2012, Defendants removed this action to the United States District Court for the Northern District of California; 11

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; 14

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 16 claims pursuant to the terms of the arbitration agreement contained in each of Plaintiffs' loan 17 agreements with Defendants; 18

WHEREAS, Defendants noticed the hearing on their Motion in accordance with Magistrate Judge Ryu's calendar; 20 22 accordance with Judge White's calendar; 23 24 25 and proceed to arbitration on Plaintiffs' respective claims; 26

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

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

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 28 than December 7, 2012;

WHEREAS, the Parties agree to continue Plaintiffs' deadline for filing their opposition to Defendants' Motion to December 14, 2012; 3

WHEREAS, the Parties agree to continue Defendants' deadline for filing their reply, if any, in support of their Motion to December 24, 2012; 5 6 7

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE as follows:

8 Plaintiffs' deadline for filing an opposition to Defendants' Motion to Compel Arbitration shall 9 be continued to December 14, 2012 and Defendants' deadline for filing a reply in support of their 10 Motion shall be continued to December 24, 2012. 11

Respectfully submitted,

Dated: December 7, 2012 O'RIELLY & ROCHE LLP By: /s/ Daniel J. O'Rielly Daniel J. O'Rielly Attorneys for Defendants CASH AMERICA INTERNATIONAL, 17 INC., and CNU OF CALIFORNIA, LLC 18 (formerly known as CASH AMERICA NET OF CALIFORNIA, LLC) Dated: December 7, 2012 LAKESHORE LAW CENTER 21 22 By: /s/ Jeffrey Wilens Jeffrey Wilens 23 Attorneys for Plaintiffs 24 PAULA BERNAL and MARY F. BAILEY

[PROPOSED] ORDER

Plaintiffs' deadline for filing a response to Defendants' Motion to Compel Arbitration is 3 hereby continued to December 14, 2012; Defendants' deadline for filing a reply, if any, in support of 4 their Motion to Compel Arbitration is hereby continued to December 24, 2012. 5 6

PURSUANT TO STIPULATION, IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I declare that I am over the age of 18 years and not a party to the within action. My business

4 address is 4 Embarcadero Center, Suite 1400, San Francisco, California, 94111. 5

On December 7, 2012 I served the following document(s):

* STIPULATION AND [PROPOSED] ORDER TO CONTINUE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION

To: 8 9 Jeffrey Wilens, Esq. LAKESHORE LAW CENTER 10 18340 Yorba Linda Blvd., Suite 107-610 Yorba Linda, CA 92886 11 Phone: (714) 854-7205 Fax: (714) 854-7206 12 jeff@lakeshorelaw.org 13 Jeffrey P. Spencer, Esq. 14 THE SPENCER LAW FIRM 903 Calle Amanecer, Suite 220 15 San Clemente, CA 92673 Phone: (949) 240-8595 16 Fax: (949) 240-8515 17 jps@spencerlaw.net 18 XXX BY ECF. I caused such documents to be e-filed with the Court which were then served on 19 counsel via the ECF filing system. 20 21 I declare under penalty of perjury under the laws of the United States of America that the 22 foregoing is true and correct and that this Declaration was executed on December 7, 2012 at San 23 Francisco, California. 24 /s/ Nydia Avellan Nydia Avellan 26 27 28 CERTIFICATE OF SERVICE

20121211

© 1992-2012 VersusLaw Inc.



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