Francisco Nieves Reyes v. CVS Pharmacy, Inc. et al

Filing 34

Stipulation to Vacate Scheduling Conference In Light Of Tentative Class Action Settlement and Order Thereon;signed by Magistrate Judge Michael J. Seng on 08/11/2015. (Yu, L)

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1 2 3 4 5 6 7 8 Gregory N. Karasik (SBN 115834) Karasik Law Firm 11835 W. Olympic Blvd. Ste. 1275 Los Angeles, CA 90064 Tel (310) 312-6800 Fax (310) 943-2582 greg@karasiklawfirm.com Sahag Majarian II – State Bar No. 146621 Law Office of Sahag Majarian II 18250 Ventura Boulevard Tarzana, California 91356 
 Tel: (818) 609-0807; Fax: (818) 609-0892 sahagii@aol.com Attorneys for Plaintiff FRANCISCO NIEVES REYES 9 UNITED STATES DISTRICT COURT 10 11 12 EASTERN DISTRICT OF CALIFORNIA FRANCISCO NIEVES REYES, individually and on behalf of other persons similarly situated, 13 Plaintiffs, 14 15 16 vs. Case No. 1:14-CV-00964 MJS STIPULATION TO VACATE SCHEDULING CONFERENCE IN LIGHT OF TENTATIVE CLASS ACTION SETTLEMENT and ORDER THEREON CVS PHARMACY, INC.; CAREMARK RX LLC; and DOES 1 through 10. Defendants. 17 18 19 20 21 Plaintiff Francisco Nieves Reyes (“Plaintiff”) and Defendants CVS Pharmacy, Inc. and CVS 22 Caremark Corporation (erroneously sued as Caremark RX LLC) (“Defendants”), by and through their 23 respective counsel of record, hereby enter into the following stipulation and mutually request the Court 24 to enter an order in accordance herewith. 25 26 STIPULATION 1. A scheduling conference is presently set for August 31, 2015. 27 28 1 STIPULATION AND ORDER TO VACATE SCHEDULING CONFERENCE IN LIGHT OF TENTATVE CLASS ACTION SETTLEMENT 1 2. On July 30, 2015, the parties participated in a private mediation before mediator Barry 2 Winograd, Esq. At the mediation, the parties reached agreement on the material terms of a class action 3 settlement. 4 3. The parties are in the process of preparing formal settlement documents and anticipate 5 that, following finalization of settlement documents, Plaintiff will file a motion for preliminary 6 approval of the settlement sometime within the next 30-60 days. 7 8 4. In light of the foregoing, the parties mutually request that the scheduling conference set for August 31, 2015 be vacated. 9 10 Dated: August 11, 2015 KARASIK LAW FIRM 11 12 By 13 14 Dated: August 11, 2015 /s/ Gregory N. Karasik Gregory N. Karasik Attorneys for Plaintiff SIDLEY AUSTIN LLP 15 16 By 17 /s/ Jennifer B. Zargarof Jennifer B. Zargarof Attorneys for Defendants 18 19 ORDER 20 Good cause having been shown, the foregoing stipulation is hereby approved, and it is ordered 21 that the scheduling conference previously set for August 31, 2015 be vacated. The parties shall file a 22 Joint Report explaining the status of this case on or before November 2, 2015 and then every 30 23 days thereafter until further order of the Court to the contrary. 24 25 26 27 28 IT IS SO ORDERED. Dated: August 11, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 2 STIPULATION AND ORDER TO VACATE SCHEDULING CONFERENCE IN LIGHT OF TENTATVE CLASS ACTION SETTLEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER TO VACATE SCHEDULING CONFERENCE IN LIGHT OF TENTATVE CLASS ACTION SETTLEMENT

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