Opinion
No. C11-1745 EMC.
October 31, 2011
Defendant has filed an administrative motion requesting that the Court: (1) continue the parties' briefing schedule and hearing date for Plaintiff's Motion to Certify a Class, Docket No. 25, until after the Court has ruled on Defendant's Motion to Compel Arbitration, Docket No. 32; (2) continue the initial Case Management Conference set for December 2, 2011, until after the Court has ruled on the Motion to Compel Arbitration; and (3) continue the parties' mediation set for November 2, 2011, until after the Court has ruled on the Motion to Compel Arbitration. Plaintiff's response indicates that he opposes the request to continue the mediation and the request to continue the case management conference, Docket No. 36. However, Plaintiff does not indicate any opposition to the request to continue the class certification briefing schedule and hearing.
Accordingly, the Court hereby orders:
(1) Defendant's request to continue the briefing and hearing schedule regarding class certification is GRANTED. Defendant's time to respond to Plaintiff's Motion for Class Certification is extended to 21 days after a ruling on Defendant's Motion to Compel Arbitration, and the time for Plaintiff's reply and the hearing date on the Motion for Class Certification is continued accordingly. The Court will set the parties' briefing schedule and hearing date on the Motion for Class Certification in its order on Defendant's Motion to Compel Arbitration;
(2) Defendant's request to continue the initial Case Management Conference set for December 2, 2011, is DENIED. The CMC is to be heard at the same time as Defendant's Motion to Compel on December 2, 2011 at 1:30 p.m.; and
(3) Defendant's request to continue the mediation set for November 2, 2011, is DENIED.
IT IS SO ORDERED.