Belyea v. GreenSky, Inc.

Opinion

1 2 3 6 7 ELIZABETH BELYEA, Case No. 20-cv-01693-JSC 8 Plaintiff, ORDER REQUESTING 9 v. SUPPLEMENTAL BRIEFING ON MOTION TO COMPEL 10 GREENSKY, INC., et al., ARBITRATION ll Defendants. Re: Dkt. No. 5

12 Elizabeth Belyea brings this putative class action against GreenSky of Georgia, LLC and 5 13 || GreenSky, LLC (collectively “GreenSky”) alleging violations of California’s consumer protection 14 and lending and credit services laws. GreenSky’s motion to compel arbitration is now pending 3 15 || before the Court. (Dkt. No.5.) In its reply brief, GreenSky raised two new arguments in support a 16 || of its theory that it can enforce the at-issue arbitration agreement as a non-signatory: (1) as an 3 17 agent of the lender SunTrust Bank or (2) based on equitable estoppel. GreenSky also offered new S 18 || evidence in support of its reply. The Court cannot consider these arguments and evidence without 19 giving Plaintiff the opportunity to address them. See Zamani v. Carnes, 491 F.3d 990, 997 (9th 20 Cir. 2007). 21 Accordingly, the May 21, 2020 hearing is VACATED. Plaintiff shall file a supplemental 22 brief of no more than 7 pages addressing these two issues by June 1, 2020. GreenSky’s 23 supplemental reply of no more than 5 pages is due June 8, 2020. Upon completion of the briefing, 24 the Court will notify the parties of the new hearing date, if any. 26 Dated: May 18, 2020 27 gut oth □□ JAQQUELINE SCOTT CORL 28 United States Magistrate Judge