Belyea v. GreenSky, Inc.

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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 13 || GreenSky, LLC (collectively “GreenSky”) alleging violations of California’s consumer protection || and lending and credit services laws. GreenSky’s motion to compel arbitration is now pending 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 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 || giving Plaintiff the opportunity to address them. See Zamani v. Carnes, 491 F.3d 990, 997 (9th || Cir. 2007).

21 Accordingly, the May 21, 2020 hearing is VACATED. Plaintiff shall file a supplemental || 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, || the Court will notify the parties of the new hearing date, if any.

25 IT IS SO ORDERED.

26 Dated: May 18, 2020 27 gut oth □□ JAQQUELINE SCOTT CORL 28 United States Magistrate Judge