Minor et al v. FedEx Office & Print Services, Inc. et al

Filing 97

ORDER by Judge Thelton E. Henderson granting 94 Defendants' motion for a status conference, vacating the preliminary approval hearing, and ordering that the parties file a joint supplemental brief on or before October 24, 2012. (tehlc2, COURT STAFF) (Filed on 10/18/2012)

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 GARY MINOR, et al., 6 7 8 Plaintiffs, NO. C09-1375 TEH v. ORDER GRANTING DEFENDANTS’ MOTION FOR A STATUS CONFERENCE FEDEX OFFICE AND PRINT SERVICES, INC., et al, 9 Defendants. 11 For the Northern District of California United States District Court 10 12 In their request for a status conference, Defendants state that they have not signed the 13 Stipulation of Class Action Settlement (the “agreement”) attached to Plaintiffs’ Motion for 14 Preliminary Approval of Class Action Settlement because named plaintiffs Gary Minor and 15 Banipal Shabaz have not signed the agreement. Plaintiffs respond that Minor and Shabaz 16 need not sign the agreement, particularly in light of the fact that three other potential class 17 representatives have signed it. 18 It appearing to the Court that there has not, in fact, been a settlement in this case, 19 Defendants’ motion for a status conference is GRANTED, and the preliminary approval 20 hearing is VACATED. The status conference shall be held on November 5, 2012 at 10:00 21 a.m. in Courtroom 2, 17th Floor, San Francisco. 22 IT IS FURTHER ORDERED that the parties shall file a joint supplemental brief 23 setting out their positions, agreed to or disputed, on or before October 24, 2012. 24 25 IT IS SO ORDERED. 26 27 Dated: 10/18/2012 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT