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Garcia v. Southwestern & Pacific Specialty Finance, Inc.

United States District Court, Ninth Circuit

July 5, 2013

ANNMARIE GARCIA, on behalf of herself and all persons similarly situated; Plaintiff,
v.
SOUTHWESTERN & PACIFIC SPECIALTY FINANCE, INC. dba CHECK N GO, and Does 1 through 100, inclusive, Defendants.

ARTHUR D. LEVY (SB # 95659), LAW OFFICE OF ARTHUR D. LEVY, San Francisco, California, DAMON M. CONNOLLY (SB # 139779) LAW OFFICES OF DAMON M. CONNOLLY, San Rafael, CA, Attorneys for Plaintiff ANNMARIE GARCIA.

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiff Annmarie Garcia ("Plaintiff") and Defendant Southwestern & Pacific Specialty Finance, Inc. ("Defendant"), through their respective counsel of record, stipulate as follows:

WHEREAS on or about May 20, 2013, Defendant moved for a determination as to whether the instant action (the " Garcia Action") should be considered "related" to Bernal v. Southwestern & Pacific Specialty Finance, Inc., Case No. 12-cv-05797-SBA (the " Bernal Action") and Graves v. Southwestern & Pacific Specialty Finance, Inc., Case No. 13-cv-1159-SBA (the " Graves Action") within the meaning of Civil Local Rule 3-12.

WHEREAS on or about May 24, 2013, Plaintiff filed a Notice of Consent to Related Case Status in the Bernal Action.

WHEREAS on or about June 19, 2013, the Garcia Action was adjudged to be related to the Bernal and Graves Actions and was reassigned to the Honorable Saundra Brown Armstrong.

WHEREAS on May 15, 2013, Defendant removed the Garcia Action from San Francisco Superior Court to the United States District Court for the Northern District of California, and, thereafter, on or about May 21, 2013, Defendant filed a Motion to Compel Arbitration and Stay Proceedings ("Motion to Compel Arbitration").

WHEREAS on or about June 25, 2013, pursuant to Civil Local Rule 3-12(g), Defendant re-filed and re-noticed the Motion to Compel Arbitration in light of the reassignment of the Garcia Action to Judge Armstrong. A hearing on the Motion to Compel Arbitration is set for August 20, 2013 at 1:00 p.m.

WHEREAS Plaintiff has requested, and Defendant is willing to stipulate to, a briefing schedule on the Motion to Compel Arbitration such that Plaintiff's Opposition would be due by July 23, 2013 and Defendant's Reply would be due by August 6, 2013.

NOW, THEREFORE, Plaintiff and Defendant, through their respective counsel of record, hereby stipulate that Plaintiff's Opposition to the Motion to Compel Arbitration will be filed on the Court's ECF system by July 23, 2013, and Defendant's Reply will be filed on the Court's ECF system by August 6, 2013.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Having read the Parties' stipulation, and good cause appearing therefore, the Court hereby orders that Plaintiff's Opposition to the Motion to Compel Arbitration and Stay Proceedings shall be filed on the Court's ECF system by July 23, 2013. Defendants' Reply shall be filed on the Court's ECF system by August 6, 2013.

IT IS SO ORDERED.


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