Broadbear v. Early

— 1 — — 2 — — 3 — 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA — 6 — 7 ADRIENNE BROADBEAR, Case No. 20-cv-08060-MMC 8 Plaintiff, ORDER AFFORDING PARTIES LEAVE TO FILE SUPPLEMENTAL 9 v. BRIEFING; CONTINUING HEARING ON DEFENDANT'S MOTION TO 10 JOHN P. EARLY, COMPEL ARBITRATION; CONTINUING CASE MANAGEMENT 11 Defendant. CONFERENCE — 12 — 13 Before the Court is defendant John P. Early's "Motion to Compel Arbitration and 14 Stay Action," filed November 30, 2020. Plaintiff Adrienne Broadbear has filed opposition, 15 to which defendant has replied. Having read and considered the parties' respective 16 written submissions, the Court finds it appropriate to afford the parties leave to file 17 supplemental briefing, as discussed below. 18 In the above-titled action, plaintiff, who rents an apartment in a building owned by 19 defendant, asserts several claims arising from defendant's alleged failure to properly 20 maintain the premises. By the instant motion, defendant seeks, under the Federal 21 Arbitration Act ("FAA") and in light of a provision in the parties' rental agreement, an order 22 compelling plaintiff to arbitrate plaintiff's claims. See 9 U.S.C. § 2 (providing "[a] written 23 provision in any . . . contract evidencing a transaction involving commerce to settle by 24 arbitration a controversy thereafter arising out of such contract or transaction . . . shall be 25 valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity 26 for the revocation of any contract"). 27 Here, the parties dispute whether the rental agreement is a "contract evidencing a 1 Dobson, 513 U.S. 265, 276-77 (1995) (holding FAA applies to agreements in which 2 parties thereto "engag[ed] in activity that affect[s] commerce") (internal quotation and 3 || citation omitted). Although, in their respective filings, the parties cite to cases in which 4 || those courts were asked to consider whether specified types of activities affect 5 || commerce, they cite no such authority as to the renting of residential property. In 6 || reviewing potentially relevant case law, however, the Court has located three cases that 7 || would appear to bear on the issue, namely, Russell v. United States, 471 U.S. 858 , 862 8 || (1985), United States v. Gomez, 87 F.3d 1093, 1095-96 (9th Cir. 1996), and Chambless 9 || Enterprises, LLC v. Redfield, 2020 WL 7588849 , at 8 (W.D. La. December 22, 2020). 10 Accordingly, each of the parties is hereby afforded leave to file, no later than 11 January 18, 2021, a supplemental brief, not to exceed five pages in length, addressing g 12 || the above-referenced authorities, as well as any other authority not previously discussed s 13 || in the parties’ respective briefing that may bear on the above-referenced question. 14 In light thereof, the hearing on defendant's motion to compel is hereby 2 15 || CONTINUED to February 5, 2021, at 9:00 a.m. Additionally, the Case Management a 16 || Conference is hereby CONTINUED from February 19, 2021, to March 19, 2021, at 10:30 g 17 || a.m.; a Joint Case Management Statement shall be filed no later than March 12, 2021. IT IS SO ORDERED. — 19 — 20 || Dated: January 4, 2021 bebe □□□□□ INE M. CHESNEY 21 United States District Judge — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — — 28 —