Valenzuela v. Mauser USA, LLC, et al.

Filing 18

ORDER RE STIPULATION TO EXTEND STAY OF ACTION 120 DAYS TO FINALIZE SETTLEMENT (ECF No. 17) 120 DAY DEADLINE signed by Magistrate Judge Stanley A. Boone on 10/14/2020. (Hernandez, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAMON VALENZUELA, Plaintiff, 12 13 14 15 Case No. 1:20-cv-00094-NONE-SAB ORDER RE STIPULATION TO EXTEND STAY OF ACTION 120 DAYS TO FINALIZE SETTLEMENT v. MAUSER USA, LLC, et al., (ECF No. 17) Defendants. 120 DAY DEADLINE 16 17 Ramon Valenzuela (“Plaintiff”) on behalf of himself and all others similarly situated, 18 filed this action in Merced Superior Court on November 6, 2019, against Mauser USA, LLC, 19 BWAY Corporation, and Mauser Packaging Solutions (“Defendants”). (ECF No 1.) On January 20 17, 2020, Defendants Mauser USA, LLC and BWAY Corporation removed this matter to the 21 Eastern District of California alleging original and diversity jurisdiction exists. (Id.) On March 22 10, 2020, the Court granted the parties’ stipulation to stay all proceedings pending the 23 completion of mediation. (ECF No. 12.) 24 On September 30, 2020, the parties attended mediation and reached an agreement 25 regarding resolution of this action. (ECF No. 17.) The parties proffer that they have executed a 26 memorandum of understanding regarding a global resolution of Plaintiff’s class action asserted 27 in this action as well as his representative claims pursuant to the California Labor Code Private 28 Attorneys General Act (“PAGA”), asserted in a separate action pending in the Superior Court for 1 1 the County of San Bernardino captioned Valenzuela v. Mauser USA, LLC, San Bernardino 2 Superior Court Case No. CIVDS2001207. (Id.) The parties are currently drafting long-form 3 settlement documents that will likely include provisions to: (1) amend Plaintiff’s state court 4 action to add the class claims currently pending in this action; (2) seek approval of the global 5 settlement in the San Bernardino Superior Court; and (3) to seek dismissal of this action with 6 prejudice. (Id.) The parties request the Court set a deadline to file another joint status report 7 within 120 days to permit the parties to finalize the long-form settlement documents, amend the 8 state court action complaint, and initiate or complete the process of seeking preliminary approval 9 of a settlement in the state court action. The Court finds good cause to approve the parties’ 10 stipulated request. 11 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that: 12 1. The stay of this matter is extended 120 days from the date of entry of this order; and 13 2. 14 The parties shall file a joint status report within 120 days of entry of this order 15 informing the Court of the status of settlement and resolution of this action and 16 the related state court action. 17 18 IT IS SO ORDERED. 19 Dated: October 14, 2020 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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