Fernandez v. Brink's Incorporated

Northern District of California, cand-4:2015-cv-02667

ORDER re {{31}} Status Report. Further Joint Status Report due by 4/22/2016. Signed by Judge Jeffrey S. White on 2/23/16.

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1 Arlo García Uriarte (S.B.N. 231764) Brent A. Robinson (S.B.N. 289373) 2 Liberation Law Group, P.C. 2760 Mission Street 3 San Francisco, CA 94110 brent@liberationlawgroup.com 4 (415) 695-1000 (office) (415) 695-1006 (facsimile) 5 Counsel for Plaintiff 6 Ernie Ricardo Fernandez 7 Spencer C. Skeen, State Bar No. 182216 spencer.skeen@ogletreedeakins.com 8 Ogletree, Deakins, Nash, Smoak. & Stew Art, P.C. 4370 La Jolla Village Drive, Suite 990 9 San Diego, CA 92122 Telephone: 858.652.3100 10 Facsimile: 858.652.3101 11 Becki D. Graham, State Bar No. 238010 becki.graham@ogletreedeakins.com 12 Ogletree, Deakins, Nash, Smoak. & Stewart, P.C. Steuart Tower, Suite 1300 13 One Market Plaza San Francisco, CA 94105 14 Telephone: 415.442.4810 Facsimile: 415.442.4870 15 Counsel for Defendant 16 Brink's Incorporated 17 In the United States District Court 18 For the Northern District of California 19 Oakland Division 20 Ernie Ricardo Fernandez, 21 individually, on behalf of all others similarly Case No. 15-cv-02667-JSW situated, and on behalf of the general public, 22 Joint Status Report Plaintiff, 23 [Proposed] Order Versus 24 Brink's Incorporated, a Delaware Hon. Jeffrey S. White, Presiding 25 Corporation, and Does 1-5, 26 Defendants. 27 1 Joint Status Report 2 On August 25, 2015, the Court ordered this matter stayed pending the outcome of 3 a pending motion seeking final approval of a class action settlement in the matter of Belew 4 v. Brink's Incorporated (S.D.Cal. Case No. 14CV1748 JAH JLB)(hereinafter Belew), and 5 ordered the parties to submit a joint status report within 10 days of entry of the final 6 approval order in Belew. (Dkt. 27.) 7 On October 29, 2015, the Belew court issued an order granting final approval of that 8 class action's settlement. (A true and correct copy of the final approval order in Belew is 9 attached as Exhibit A.) An objector to the Belew final approval order has appealed that 10 decision, and that appeal is currently pending before the United States Court of Appeals for 11 the Ninth Circuit. 12 On November 5, 2015, the parties stipulated to an order continuing to November 23 13 the deadline for the joint status report while the parties continued to meet and confer, 14 including by exploring the prospect for settlement through mediation. 15 On November 18, 2015, the parties stipulated to a new order continuing to February 16 22, 2016 the deadline for a joint status report to allow the parties to mediate their dispute. 17 On February 4, 2016, the parties to this matter as well as counsel of record for the 18 plaintiffs each of the following related matters attended mediation before Mr. Mark Rudy: 19 Stafford v. Brink's Incorporated (C.D.Cal. Case No. 14-cv-01352-MWF-PLA); Walker v. 20 Brink's Global Services USA, Inc. (C.D.Cal. Case No. 15-cv-08833-GW-KS); Ceron v. Liberation Law Group, P.C. 21 Brink's Incorporated (C.D.Cal. Case No. 2:15-CV-01129-JFW (JCx); and Ceron v. Brink's 22 Incorporated (Los Angeles Super. Ct. Case No. BC576462. Unfortunately, the various 23 parties were not able to reach a resolution of their disputes. 24 Subsequent to mediation, Plaintiff continues to be actively engaged in discussions 25 with counsel in the related Stafford, Walker, and Ceron matters to explore questions of joint 26 representation and consolidation in the outstanding California class and representative 27 litigation against Defendant. 1 Joint Status Report; Order Case No. 15-cv-02667-JSW 1 Accordingly, Plaintiff Ernie Ricardo Fernandez, by his attorneys of record, request 2 that the Court defer any case management conference for 60 days and issue an order for the 3 parties to file a further joint status report by April 22, 2016. Defendant has no objection to 4 Plaintiff's request. 5 6 February 22, 2016 Liberation Law Group, P.C. 7 8 By:_______/s/ Brent A. Robinson__________ 9 Brent A. Robinson 10 Counsel for Plaintiff 11 12 February 22, 2015 Ogletree, Deakins, Nash, Smoak. & Stewart, P.C. 13 14 By:_______/s/ Becki D. Graham__________ 15 Becki D. Graham 16 Counsel for Defendant 17 18 Filer's Attestation 19 Pursuant to Civil Local Rules, rule 5-1(i)(3), I attest under penalty of perjury that 20 concurrence in the filing of the document has been obtained from its signatory. Liberation Law Group, P.C. 21 Dated: February 22, 2016 By:_______/s/ Brent A. Robinson__________ 22 23 24 25 26 27 2 Joint Status Report; Order Case No. 15-cv-02667-JSW 1 Order 2 It is hereby ordered that the parties file a joint status report by April 22, 3 2016. The parties' report shall set forth their positions on how this litigation should 4 proceed. 5 It is so ordered. 6 7 February 23 Dated: ____________, 2016 ________________________________ 8 Hon. Jeffrey S. White 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 Liberation Law Group, P.C. 21 22 23 24 25 26 27 3 Joint Status Report; Order Case No. 15-cv-02667-JSW