Holman v. Bath & Body Works, LLC ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 KIANDRA HOLMAN, Case No. 1:20-cv-01603-NONE-SAB 11 Plaintiff, ORDER SETTING HEARING ON 12 DEFENDANTS’ MOTION TO COMPEL v. ARBITRATION FOR NOVEMBER 17, 2021 13 BATH & BODY WORKS, LLC, et al., ORDER SETTING SUPPLEMENTAL 14 BRIEFING SCHEDULE Defendants. 15 ORDER CONTINUING SCHEDULING CONFERENCE TO DECEMBER 16, 2021 16 (ECF Nos. 9, 24) 17 18 This action was removed from the Tulare County Superior Court to this Court on 19 November 13, 2020. (ECF No. 1.) On December 10, 2020, Defendants filed a motion to compel 20 arbitration, to strike class allegations, and to dismiss this action. (ECF No. 9.) On October 15, 21 2021, the District Judge referred the motion to the undersigned for the entry of findings and 22 recommendations or other appropriate action. (ECF No. 27.) 23 The Court shall set a hearing on the Defendants’ motion for November 17, 2021, before 24 the undersigned. Given the length of time since the filing of the motion to compel arbitration, 25 the Court shall set a briefing schedule for the parties to address any relevant new arguments or 26 case law concerning the subject matter, including but not limited to the Ninth Circuit’s 27 September 15, 2021 decision in Chamber of Commerce v. Bonta. See Chamber of Com. of United States v. Bonta, 13 F.4th 766, 2021 WL 4187860 (9th Cir. 2021); see also Harper v. 1 | Charter Communications, LLC, No. 219CVOO902WBSDMC, 2021 WL 4784417, at *9 (E.D. 2 | Cal. Oct. 13, 2021). However, after submission of the pleadings and review by the Court, the 3 | Court may vacate the hearing and take the matter under submission and issues its opinion 4 | forthwith. 5 The Court shall also continue the scheduling conference currently set for November 16, 6 | 2021 (ECF No. 24), to allow for the hearing and adjudication of the motion to compel 7 | arbitration. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. A hearing on Defendants’ motion to compel arbitration, strike class allegations, 10 and dismiss, is set for November 17, 2021, at 10:00 a.m. in Courtroom 9; 11 2. Defendants shall file supplemental briefing on or before October 29, 2021; 12 3. Plaintiff shall file responsive supplemental briefing on or before November 5, 13 2021; 14 4. The scheduling conference set for November 16, 2021, is CONTINUED to 15 December 16, 2021, at 9:30 a.m. in Courtroom 9; and 16 5. The parties shall file a joint scheduling report seven (7) days prior to the 17 scheduling conference. 18 19 IT IS SO ORDERED. DAM Le 20 | Dated: _ October 19, 2021 _ OO UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28