Filed: Jul. 30, 2018
Latest Update: Jul. 30, 2018
Summary: CLASS ACTION STIPULATION AND ORDER CONTINUING STAY WILLIAM B. SHUBB , District Judge . I. CASE STATUS On March 6, 2018, the Court denied Wilshire's Motion for Summary Judgment, but simultaneously ordered the case stayed pending the U.S. Supreme Court's review of Resh v. China Agritech, Inc. (9th Cir. 2017) 857 F.3d 994 . The U.S. Supreme Court issued its unanimous opinion in Resh, limiting the interpretation of American Pipe & Construction Co. v. Utah, 414 U.S. 53 8 (1974). As th
Summary: CLASS ACTION STIPULATION AND ORDER CONTINUING STAY WILLIAM B. SHUBB , District Judge . I. CASE STATUS On March 6, 2018, the Court denied Wilshire's Motion for Summary Judgment, but simultaneously ordered the case stayed pending the U.S. Supreme Court's review of Resh v. China Agritech, Inc. (9th Cir. 2017) 857 F.3d 994 . The U.S. Supreme Court issued its unanimous opinion in Resh, limiting the interpretation of American Pipe & Construction Co. v. Utah, 414 U.S. 53 8 (1974). As thi..
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CLASS ACTION
STIPULATION AND ORDER CONTINUING STAY
WILLIAM B. SHUBB, District Judge.
I. CASE STATUS
On March 6, 2018, the Court denied Wilshire's Motion for Summary Judgment, but simultaneously ordered the case stayed pending the U.S. Supreme Court's review of Resh v. China Agritech, Inc. (9th Cir. 2017) 857 F.3d 994.
The U.S. Supreme Court issued its unanimous opinion in Resh, limiting the interpretation of American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974). As this Court pointed out:
If the Court reverses Resh and determines that the statute of limitations is tolled only for individual claims, then plaintiffs would be unable to bring this case as a class action, though they would still be able to proceed with their individual claims.
In light of the U.S. Supreme Court's ruling in Resh and the Court's Order Re: Motion to Stay, the parties are exploring the possibility of settling the above matter on an individual basis on behalf of Verina Freeman and Valecea Diggs. Defendant reserves the right to bring a dispositive motion if settlement discussions are not successful.
The parties therefore STIPULATE as follows:
1. The August 6, 2018 Status Conference re Stay shall be continued to November 13, 2018 at 1:30 p.m. to allow for the parties to conduct further settlement negotiations.
2. The parties shall file a Joint Status Statement not later than ten (10) Court days prior to the continued Status Conference.
IT IS SO STIPULATED
ATTESTATION OF SIGNATURE
I, Bryan Kemnitzer, am the ECF User whose ID and Password were used to electronically file this Statement. I hereby attest that all other signatories listed, and on whose behalf this filing is submitted, concur in the content of this filing and have authorized the electronic filing thereof.
ORDER
Good cause appearing, and based upon the stipulation of the parties above, the Court Orders as follows:
1. The August 6, 2018 Status Conference re Stay shall be continued to November 5, 2018 at 1:30 p.m. to allow for the parties to conduct further settlement negotiations.
2. The parties shall file a Joint Status Statement not later than ten (10) Court days prior to the continued Status Conference.
SO ORDERED
