The opinion of the court was delivered by: The Honorable Jeffery S. White United States District Judge
NOTICE OF EN BANC RULING IN KILGORE CASE AND STIPULATED REQUEST FOR BRIEFING SCHEDULE and [PROPOSED] ORDER
Plaintiffs PAULA BERNAL and MARY F. BAILEY and Defendants CASH AMERICA INTERNATIONAL, INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH 3 AMERICA NET OF CALIFORNIA, LLC) (hereinafter, collectively, the "Parties"), by and through 4 their undersigned counsel, hereby provide notice to the Court that an en banc panel of the Ninth 5 Circuit Court of Appeals issued the attached ruling in Kilgore v. Key Bank, 2013 WL 1448876, *1 6 (9th Cir., April 11, 2013). The Parties have met and conferred about what effect this ruling has on 7 Plaintiffs' request, in their First Amended Complaint, for injunctive relief in connection with their 8 alleged Business & Professions Code section 17200, et seq. claim, and the arbitrability of that request. 9
The Parties do not agree. 10 11
NOW, THEREFORE, THE PARTIES HEREBY SUBMIT THIS STIPULATED REQUEST
as follows: 13 In light of the recent en banc ruling in the Kilgore case, the Parties request that the Court set a 14 briefing schedule so that they may present their respective views on the question of what effect the 15 Kilgore ruling has on Plaintiffs' injunctive relief claim. The Parties propose that the Court order the 16 Parties to submit simultaneous briefs no later than April 30, 2013. 17
Dated: April 16, 2013 19 Respectfully submitted, O'RIELLY & ROCHE LLP 20 By: __/s/ Daniel J. O'Rielly Daniel J. O'Rielly Attorneys for Defendants CASH AMERICA INTERNATIONAL, 23 INC., and CNU OF CALIFORNIA, LLC (formerly known as CASH AMERICA NET 24 OF CALIFORNIA, LLC)
Dated: April 16, 2013 LAKESHORE LAW CENTER 2
By: _ /s/ Jeffrey Wilens Jeffrey Wilens Attorneys for Plaintiffs PAULA BERNAL and MARY F. BAILEY
No later than April 30, 2013, the Parties shall each submit a brief presenting their respective 9 views of the effect of the Ninth Circuit's en banc ruling in the Kilgore case on Plaintiffs' request for 10 injunctive relief. 11 12 13
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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