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Paula Bernal and Mary F. Bailey, On Behalf of Themselves and All Persons Similarly Situated v. Cash America International

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 24, 2013

PAULA BERNAL AND MARY F. BAILEY, ON BEHALF OF THEMSELVES AND ALL PERSONS SIMILARLY SITUATED,
PLAINTIFFS,
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

STIPULATED REQUEST TO CONTINUE 21 INITIAL CASE MANAGEMENT CONFERENCE AND CORRESPONDING DEADLINES AND [PROPOSED] ORDER

AMERICA NET OF CALIFORNIA, LLC) (hereinafter, collectively, the "Parties"), by and through 4 their undersigned counsel, report that they have met and conferred and submit the following stipulated 5 request: 6 Plaintiffs PAULA BERNAL and MARY F. BAILEY and Defendants CASH AMERICA INTERNATIONAL, INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH 3 WHEREAS, upon removal to this Court on November 9, 2012, this action was assigned to Magistrate Judge Donna M. Ryu; 8

WHEREAS, on November 9, 2012, the Court issued an ORDER SETTING INITIAL CASE

MANAGEMENT CONFERENCE AND ADR DEADLINES (the "November 9 Order"), assigning 10 the action to the Alternative Dispute Resolution ("ADR") Multi-Option Program and: (1) scheduling 11 the Initial Case Management Conference ("CMC") for February 13, 2013; (2) noting that, according 12 to Federal Rule of Civil Procedure 26(a)(1) and Local Rule 16-9, the Parties are to file their Joint 13

Rule of Civil Procedure 26(f) and ADR Local Rule 3-5, the last day for the Parties to meet and confer 15 regarding initial disclosures, early settlement, ADR process selection, and a discovery plan is January 16

23, 2013; and (4) noting that, according to Local Rule 16-8 and ADR Local Rule 3-5, the last day for 17 the Parties to file their respective ADR Certifications is January 23, 2013; and (5) noting that, 18 according to Local Rule 16-8 and ADR Local Rule 3-5, the last day for the Parties to file either a 19

WHEREAS, the November 9 Order noted that in the event that the Initial CMC is continued, 21 the other deadlines are continued accordingly; 22 STATEMENT, rescheduling the initial CMC for February 15, 2013 and ordering the parties to file 26 their joint case management statement no later than five court days before the Initial CMC. 27

Case Management Statement no later than February 6, 2013; (3) noting that, according to Federal 14

Stipulation to ADR Process or a Notice of Need for ADR Phone Conference is January 23, 2013. 20

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

WHEREAS, on November 20, 2012, the Court issued an ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING CASE MANAGEMENT CONFERENCE 25

WHEREAS, according to the November 9 Order, the continuance of the Initial CMC (from February 13, 2013 to February 15, 2013) continued all of the deadlines set in the November 9 Order 3 by two days such that the current deadlines are as follows: (1) February 8, 2013 is the last day for the

Parties to meet and confer regarding initial disclosures, early settlement, selecting an ADR process, 6 and a discovery plan; (3) January 25, 2013 is the last day for the Parties to file their respective ADR 7

ADR Process or a Notice of Need for ADR Phone Conference. 9

10 arbitration of Plaintiff Bernal's and Plaintiff Bailey's respective claims pursuant to the terms of the 11 arbitration agreement contained in each of Plaintiffs' loan agreements with Defendants; 12

13 to be heard on February 1, 2013; 14

15 the pending Motion to Compel Arbitration (which could result in a stay of this action while Plaintiffs' 16 claims are arbitrated), and in the interests of efficiency and judicial economy, there is good cause for a 17 short continuance of the Initial CMC and corresponding deadlines; 18 19 20 as follows:

Parties to file their Joint Case Management Statement; (2) January 25, 2013 is the last day for the Certifications; and (4) January 25, 2013 is the last day for the Parties to file either a Stipulation to WHEREAS, Defendants have filed a Motion to Compel Arbitration, seeking to compel the

WHEREAS, Defendants' Motion to Compel Arbitration is now fully briefed and is scheduled

WHEREAS, the Parties have met and conferred and have agreed that in light of the nature of

NOW, THEREFORE, THE PARTIES HEREBY SUBMIT THIS STIPULATED REQUEST

In light of the pending Motion to Compel Arbitration, the Parties request that the Initial Case

Management Conference be continued for at least 30 days, until March 22, 2013 at 1:30 p.m., or as 23 soon thereafter as the Court has availability. Assuming a March 22, 2013 CMC, the Parties hereby 24 request that the corresponding deadlines be continued as follows: 25

Rule 16-9, for filing their Joint Case Management Statement be continued to March 15, 2013;

* The Parties' deadline, in accordance with Federal Rule of Civil Procedure 26(a)(1) and Local 26

* The Parties' deadline for meeting and conferring, in accordance with Federal Rule of Civil 2

Procedure 26(f) and ADR Local Rule 3-5, regarding initial disclosures, early settlement, ADR process selection, and a discovery plan, be continued to March 1, 2013;

* The Parties' deadline, in accordance with Local Rule 16-8 and ADR Local Rule 3-5, for filing 5

their respective ADR Certifications be continued to March 1, 2013; and

* The Parties' deadline, in accordance with Local Rule 16-8 and ADR Local Rule 3-5, for filing 7

either a Stipulation to ADR Process or a Notice of Need for ADR Phone Conference be continued to March 1, 2013.

Dated: January 23, 2013 11 Respectfully submitted, 10 O'RIELLY & ROCHE LLP 12 By: __/s/ Daniel J. O'Rielly__________ Daniel J. O'Rielly 13 14 Attorneys for Defendants CASH AMERICA INTERNATIONAL, 15 INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH AMERICA NET 16 OF CALIFORNIA, LLC) Dated: January 23, 2013 LAKESHORE LAW CENTER 20 By: __/s/ Jeffrey Wilens_______________ 21 Jeffrey Wilens 22 Attorneys for Plaintiffs PAULA BERNAL and MARY F. BAILEY

Avenue, San Francisco, California. The corresponding deadlines are continued as follows: 5 6 shall file their Joint Case Management Statement no later than March 15, 2013;

[PROPOSED] ORDER

The Initial Case Management Conference is hereby continued for 35 days and shall be held on

March 22, 2013 at 1:30 p.m., in Courtroom 11, 19th Floor, Federal Building, 450 Golden Gate 4

* In accordance with Federal Rule of Civil Procedure 26(a)(1) and Local Rule 16-9, the Parties 7

* The Parties shall meet and confer, in accordance with Federal Rule of Civil Procedure 26(f) 9 and ADR Local Rule 3-5, regarding initial disclosures, early settlement, ADR process

selection, and a discovery plan no later than March 1, 2013;

* In accordance with Local Rule 16-8 and ADR Local Rule 3-5, the Parties shall file their 12 respective ADR Certifications no later than March 1, 2013; and

* In accordance with Local Rule 16-8 and ADR Local Rule 3-5, the Parties shall file either a 14 Stipulation to ADR Process or a Notice of Need for ADR Phone Conference no later than March 1, 2013.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: January ______, 2013

20130124

© 1992-2013 VersusLaw Inc.



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