Ijecoma Esomonu v. Omnicare, Inc.

Northern District of California, cand-4:2015-cv-02003

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{81}} Stipulation to Continue {{74}} Class Certification Hearing Pending Private Mediation.

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1 Chad D. Bernard (State Bar No. 194162) Shaun Setareh (State Bar No. 204514) JACKSON LEWIS P.C. SETAREH LAW GROUP 2 225 Broadway, 20th Floor 9454 Wilshire Boulevard, Suite 907 San Diego, CA 92101 Beverly Hills, California 90212 3 Telephone: (619) 573-4900 Telephone: (310) 888-7771 Facsimile: (619) 573-4901 Facsimile: (310) 888-0109 4 E-mail: BernardC@jacksonlewis.com E-mail: shaun@setarehlaw.com 5 Scott P. Jang (State Bar No. 260191) Attorneys for Plaintiff JACKSON LEWIS P.C. IJEOMA ESOMONU 6 50 California Street, 9th Floor San Francisco, CA 94111 7 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 8 E-mail: scott.jang@jacksonlewis.com 9 Attorneys for Defendant OMNICARE, INC. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 IJEOMA ESOMONU, on behalf of herself, all Case No. 4:15-cv-02003-HSG others similarly situated, 15 AMENDED STIPULATION AND Plaintiff, ORDER TO CONTINUE CLASS 16 CERTIFICATION HEARING PENDING v. PRIVATE MEDIATION 17 OMNICARE, INC., a Delaware corporation; Date: January 11, 2018 18 and DOES 1-10 inclusive, Time: 2:00 p.m. Judge: Hon. Haywood S. Gilliam, Jr. 19 Defendants. Court: Courtroom 2 1301 Clay Street 20 Oakland, CA 946122 21 22 23 24 25 26 27 28 1 AMENDED STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION HEARING PENDING MEDIATION Case No. 4:15-cv-02003-HSG 1 Currently pending before this Court is Plaintiff's motion for class certification, which is 2 scheduled for hearing on January 11, 2018. However, for the reasons set forth below, the Parties 3 respectfully request the Court continue the hearing date to April 5, 2018 in the interest of 4 preserving Court and party resources while the Parties participate in full-day mediation with the 5 Honorable Stephen J. Sundvold (retired), an experienced Mediator in Fair Credit Reporting Act 6 ("FCRA") putative class actions: 7 1. WHEREAS, on May 4, 2017, the Court referred this case to U.S. Magistrate Judge 8 Kandis A. Westmore for settlement purposes. (ECF No. 66.) 9 2. WHEREAS, on July 27, 2017, the Parties appeared telephonically before Judge 10 Westmore for an initial conference call, and during which Judge Westmore scheduled this case 11 for a settlement conference on September 18, 2017. (ECF No. 72.) 12 3. WHEREAS, due to conflicts in schedules, the settlement conference was vacated. 13 (ECF No. 73.) 14 4. WHEREAS, the Parties have since met and conferred several times to determine a 15 new settlement conference date, but have thus far been unable to find a date that is available for 16 both parties and Judge Westmore. 17 5. WHEREAS, now that the Parties have fully briefed Plaintiff's motion for class 18 certification (ECF Nos. 74-79), the Parties have a better and more complete understanding of the 19 other party's position and the risks each side faces proceeding with class certification. 20 6. WHEREAS, the Parties, therefore, believe that it would be fruitful to participate in 21 a full-day private mediation (as opposed to a half-day settlement conference) at this time, and, to 22 this end, have scheduled a full-day private mediation in February with the Honorable Stephen J. 23 Sundvold (retired) at JAMS. 24 7. WHEREAS, Judge Sundvold has considerable experience in resolving FCRA 25 putative class actions and other employment matters. 26 8. THEREFORE, in the interest of preserving the Court's and each party's resources, 27 and to maintain the status quo pending alternative dispute resolution, the Parties hereby stipulate 28 and respectfully request the Court continue the hearing on Plaintiff's motion for class certification 2 AMENDED STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION HEARING PENDING MEDIATION Case No. 4:15-cv-02003-HSG 1 to April 5, 2018. 2 IT IS SO STIPULATED. 3 Dated: January 3, 2018 JACKSON LEWIS P.C. 4 5 By: _/s/ Chad D. Bernard1__ Chad D. Bernard 6 Scott P. Jang Attorneys for Defendant 7 OMNICARE, INC. 8 Dated: January 3, 2018 SETAREH LAW GROUP 9 10 By: _/s/ Shaun Setareh________ 11 Shaun Setareh Attorneys for Plaintiff 12 IJEOMA ESOMONU 13 14 Per the Parties' stipulation, and good cause appearing, the hearing on Plaintiff's motion 15 for class certification (ECF No. 74) is continued to April 5, 2018. The parties are further 16 DIRECTED that within seven days of the mediation, the parties SHALL file a joint status report 17 of no more than two pages notifying the Court about the results of the mediation. 18 IT IS SO ORDERED. 19 Date: 1/3/2018 20 Hon. Haywood S. Gilliam, Jr. United States District Judge 21 4818-2054-1786, v. 1 22 23 24 25 26 27 1 28 Pursuant to Local Rule 5-1(i), the ECF-filing party attests that concurrence in the filing of this document has been obtained from each of the signatories. 3 AMENDED STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION HEARING PENDING MEDIATION Case No. 4:15-cv-02003-HSG