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The Court of Appeals Schedules Oral Arguments (with a caveat)

March 25, 2011

 UPDATE: According to the court’s web site, both parties have waived the presence of Justice Reardon. The oral argument should then be expected to proceed as planned on Tuesday, April 12, 2011.

The California Appellate Court, in the pending appeal related to the dismissal of certain defendants from the ongoing class action litigation against Prosper Marketplace (, has now scheduled oral arguments.

The session has been scheduled for Tuesday, April 12, 2011. One member of the judicial panel, however, has indicated he will not be available to participate in the proceedings.  Although the court states that Justice Reardon will still have the ability to review a recording of the session and participate in deliberations, his absence triggers a situation wherein the parties must waive the Judge’s presence at the oral argument.  If either party does not choose to waive their right to argue before a full panel, the oral argument order will be vacated and the argument will be re-scheduled for a date and time when all justices can be present.

You can find the case docket information here.

One Comment leave one →
  1. NewHorizon permalink
    April 25, 2011 11:17 am

    “..both parties have waived the presence of Justice Reardon.”

    Hopefully, this means neither side sees any advantage in dragging this case on longer than it needs to.

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