Palacios v. DBI Beverage Inc., et al.
Filing
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STIPULATION and ORDER signed by District Judge John A. Mendez on 5/12/2017 ORDERING that discovery is STAYED. The parties shall file a Motion for Preliminary Approval of the settlement no later than 6/12/2017. (Zignago, K.)
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SEYFARTH SHAW LLP
Mark P. Grajski (SBN 178050)
Email: mgrajski@seyfarth.com
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: (916) 448-0159
Facsimile: (916) 558-4839
SEYFARTH SHAW LLP
Esther Slater McDonald (admitted pro hac vice)
Email: emcdonald@seyfarth.com
1075 Peachtree Street, N.E., Suite 2500
Atlanta, Georgia 30309-3958
Telephone: (404) 885-1500
Facsimile: (404) 892-7056
Attorneys for Defendants
DBI BEVERAGE INC. and
DBI BEVERAGE SAN JOAQUIN
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EFRAIN PALACIOS, an individual, on
behalf of himself and all others similarly
situated,
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Plaintiff,
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Case No. 2:17-cv-00204-JAM-EFB
JOINT STATUS REPORT AND
STIPULATED ORDER STAYING
DISCOVERY
v.
DBI BEVERAGE INC., a Tennessee
Corporation; DBI BEVERAGE SAN
JOAQUIN, a California Corporation; and
DOES 1 through 50, inclusive,
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Defendants.
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In accordance with the Court’s Minute Order of April 3, 2017, Plaintiff Efrain
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Palacios and Defendants DBI Beverage Inc. and DBI Beverage San Joaquin provide the
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following joint case status update and proposed stipulated order staying discovery.
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JOINT STATUS REPORT AND STIPULATED ORDER STAYING DISCOVERY
38983641v.1
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Plaintiff filed his Class Action Complaint on January 9, 2017, alleging a claim
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under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. The Parties submitted
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their Joint Status Report and Proposed Joint Discovery Plan on March 31, 2017. The
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Parties’ Proposed Joint Discovery Plan indicated the Parties’ desire to pursue private
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mediation.
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On April 25, 2017, this action was successfully mediated in Sacramento, California
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with the Honorable Frank C. Damrell, and a class action settlement of Plaintiff’s claim
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was agreed to in principle. The Parties are currently in the process of memorializing and
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executing a formal settlement agreement.
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To allow the Parties time to reduce this agreement to writing and to draft corollary
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documents including appropriate notice to the settlement class, the Parties jointly propose
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to stay discovery in this matter and to file a Motion for Preliminary Approval of the
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settlement no later than June 12, 2017.
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Accordingly, consistent with the Parties’ agreement and, in the interest of judicial
and litigant economy, the Court hereby orders:
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a) That discovery in this matter is stayed; and
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b) That the Parties shall file a Motion for Preliminary Approval of the settlement
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no later than June 12, 2017.
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IT IS SO ORDERED.
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Dated: 5/12/2017
/s/ John A. Mendez__________
Hon. John A. Mendez, U.S.D.J.
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JOINT STATUS REPORT AND STIPULATED ORDER STAYING DISCOVERY
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Stipulated To By:
Schneider, Wallace, Cottrell,
Konecky, Wotkyns LLC
Seyfarth Shaw LLP
/s/ Jason H. Kim_______________
Jason H. Kim
_/s/ Esther Slater McDonald______
Esther Slater McDonald
Attorney for Plaintiff
EFRAIN PALACIOS
Attorney for Defendants
DBI BEVERAGE INC. and DBI
BEVERAGE SAN JOAQUIN
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DATE: May 12, 2017
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JOINT STATUS REPORT AND STIPULATED ORDER STAYING DISCOVERY
38983641v.1
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