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Ijecoma Esomonu v. Omnicare, Inc., 4:15-cv-02003-HSG. (2018)

Court: District Court, N.D. California Number: infdco20180104a09 Visitors: 14
Filed: Jan. 03, 2018
Latest Update: Jan. 03, 2018
Summary: AMENDED STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION HEARING PENDING PRIVATE MEDIATION HAYWOOD S. GILLIAM, JR. , District Judge . Currently pending before this Court is Plaintiff's motion for class certification, which is scheduled for hearing on January 11, 2018. However, for the reasons set forth below, the Parties respectfully request the Court continue the hearing date to April 5, 2018 in the interest of preserving Court and party resources while the Parties participate in f
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AMENDED STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION HEARING PENDING PRIVATE MEDIATION

Currently pending before this Court is Plaintiff's motion for class certification, which is scheduled for hearing on January 11, 2018. However, for the reasons set forth below, the Parties respectfully request the Court continue the hearing date to April 5, 2018 in the interest of preserving Court and party resources while the Parties participate in full-day mediation with the Honorable Stephen J. Sundvold (retired), an experienced Mediator in Fair Credit Reporting Act ("FCRA") putative class actions:

1. WHEREAS, on May 4, 2017, the Court referred this case to U.S. Magistrate Judge Kandis A. Westmore for settlement purposes. (ECF No. 66.)

2. WHEREAS, on July 27, 2017, the Parties appeared telephonically before Judge Westmore for an initial conference call, and during which Judge Westmore scheduled this case for a settlement conference on September 18, 2017. (ECF No. 72.)

3. WHEREAS, due to conflicts in schedules, the settlement conference was vacated. (ECF No. 73.)

4. WHEREAS, the Parties have since met and conferred several times to determine a new settlement conference date, but have thus far been unable to find a date that is available for both parties and Judge Westmore.

5. WHEREAS, now that the Parties have fully briefed Plaintiff's motion for class certification (ECF Nos. 74-79), the Parties have a better and more complete understanding of the other party's position and the risks each side faces proceeding with class certification.

6. WHEREAS, the Parties, therefore, believe that it would be fruitful to participate in a full-day private mediation (as opposed to a half-day settlement conference) at this time, and, to this end, have scheduled a full-day private mediation in February with the Honorable Stephen J. Sundvold (retired) at JAMS.

7. WHEREAS, Judge Sundvold has considerable experience in resolving FCRA putative class actions and other employment matters.

8. THEREFORE, in the interest of preserving the Court's and each party's resources, and to maintain the status quo pending alternative dispute resolution, the Parties hereby stipulate and respectfully request the Court continue the hearing on Plaintiff's motion for class certification to April 5, 2018.

IT IS SO STIPULATED.

Per the Parties' stipulation, and good cause appearing, the hearing on Plaintiff's motion for class certification (ECF No. 74) is continued to April 5, 2018. The parties are further DIRECTED that within seven days of the mediation, the parties SHALL file a joint status report of no more than two pages notifying the Court about the results of the mediation.

IT IS SO ORDERED.

Source:  Leagle

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