Ortiz et al v. Spark Energy, LLC

Northern District of California, cand-4:2015-cv-02326


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARTURO AMAYA, et al., Case No. 15-cv-02326-JSW Plaintiffs, 8 ORDER GRANTING LEAVE FOR v. SUBMISSION OF SUPPLEMENTAL 9 EVIDENCE RE MOTION TO COMPEL 10 SPARK ENERGY GAS, LLC, et al., ARBITRATION Defendants. Re: Dkt. No. 48 11 12 Northern District of California United States District Court 13 Defendant Spark Energy Gas, LLC, filed a motion to dismiss the claims of Plaintiff Arturo 14 Amaya and compel arbitration of the claims of Plaintiff Barbara Gehrke.1 In support of Plaintiffs' 15 opposition to the motion to compel arbitration, Plaintiffs submitted the declaration of Theodore H. 16 Chase, Esq., counsel for Plaintiffs in this case, attaching as Exhibit A "a true and correct copy of a 17 Spark Welcome Letter addressed to Plaintiff Gehrke and the accompanying document titled 18 Customer Disclosure Statement and Terms of Service." (Chase Decl. ¶ 3.) In reply, Defendant 19 identified various defects in the Chase Declaration and Exhibit A thereto. (Reply at 2-4; see also 20 Defendant's Response to Plaintiffs' Sur-Reply at 5-8.) 21 Given the record in this case and in the interests of justice, the Court, sua sponte, 22 HEREBY GRANTS Plaintiffs one final opportunity to submit whatever competent declarations or 23 other evidence they can, in good faith and consistent with their obligations under Rule 11 of the 24 Federal Rules of Civil Procedure, in support of their contention that Chase Exhibit A is the only 25 enforceable contract between Defendants and Plaintiff Gehrke. If any clerical or other errors were 26 27 1 Defendant also moved to dismiss the claims of then-Plaintiff Margaret Smith. This motion, 28 however, is moot in light of the November 18, 2015 notice of withdrawal of Plaintiff Smith. (Dkt. No. 53.) 1 maade in the sub bmission of Chase Exhib bit A, this iss also Plaintiffs' opportuunity to addreess and 2 recctify them. 3 uary 3, 2016,, Plaintiffs m No later than Febru may submit aany declaratiions or otherr evidence in n 4 ressponse to thiss order, acco ompanied by y an optionall supplementtal brief of nno more thann five pages. 5 If Plain ntiffs elect to o file a response to this oorder, then D Defendants m may, no later than 6 Feb bruary 12, 2016, file a su upplementall reply of no more five ppages in response Plaintifffs' 7 sub bmission, accompanied, if appropriaate, by rebutttal evidence.. 8 In thesee supplemen ntal submissions, the partties shall nott revisit theirr arguments regarding 9 thee evidence prreviously sub bmitted. Raather, the parrties shall adddress only w whatever furrther 10 eviidence Plainttiffs may sub bmit pursuan nt to this ordder. 11 IT IS SO S ORDER RED. 12 Daated: January y 20, 2016 Northern District of California United States District Court 13 14 JE EFFREY S. W WHITE 15 Unnited States D District Judgge 16 17 18 19 20 21 22 23 24 25 26 27 28 2