MADISON (LN) — U.S. District Judge William Conley on Wednesday ordered Airbnb to provide additional briefing on its motion to compel arbitration in a lawsuit over a house fire, while denying the company’s requests to stay proceedings and modifying the schedule for expert disclosures.
The order, issued after a video status conference, gives Airbnb until May 19 to address how California Civil Code Section 1281.2 applies to the dispute. Conley observed that the core of the case will proceed between the plaintiffs and the host defendants regardless of whether the Kuehl plaintiffs are forced into arbitration with Airbnb.
The judge also directed the company to elaborate on how the Witte plaintiffs could be bound by Charis Kuehl’s entry into an agreement under an agency or estoppel theory. Conley wrote that Airbnb must explain this without evidence that Charis Kuehl was authorized to bind the other plaintiffs regarding payment for their stay, or that the terms of service explicitly included other guests.
Other parties may respond by May 25, with Airbnb replying by May 28.
Conley modified the liability expert disclosure deadlines, setting the proponent’s date for August 17, the respondent’s for September 17, and rebuttal for October 16. The dispositive motions deadline was moved to September 30.
The judge denied requests to extend or stay remaining deadlines, but addressed discovery disputes separately. Airbnb’s appeal of a magistrate judge’s ruling on the bounds of discovery was denied.
Conley ordered Airbnb to meet and confer with plaintiffs’ counsel regarding evidence in its possession bearing on the origins, causation, or damages of the fire. Plaintiffs’ motion to compel Airbnb’s response to written interrogatories and requests for production was stayed without prejudice or costs.
The magistrate judge’s rulings on discovery stand as currently set forth in her text orders.