Palacios v. DBI Beverage Inc., et al.

Filing 10

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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1 2 3 4 5 6 7 8 9 10 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 11 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 16 EFRAIN PALACIOS, an individual, on behalf of himself and all others similarly situated, 17 Plaintiff, 15 18 19 20 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, 21 Defendants. 22 23 24 In accordance with the Court’s Minute Order of April 3, 2017, Plaintiff Efrain 25 Palacios and Defendants DBI Beverage Inc. and DBI Beverage San Joaquin provide the 26 following joint case status update and proposed stipulated order staying discovery. 27 28 1 JOINT STATUS REPORT AND STIPULATED ORDER STAYING DISCOVERY 38983641v.1 1 Plaintiff filed his Class Action Complaint on January 9, 2017, alleging a claim 2 under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. The Parties submitted 3 their Joint Status Report and Proposed Joint Discovery Plan on March 31, 2017. The 4 Parties’ Proposed Joint Discovery Plan indicated the Parties’ desire to pursue private 5 mediation. 6 On April 25, 2017, this action was successfully mediated in Sacramento, California 7 with the Honorable Frank C. Damrell, and a class action settlement of Plaintiff’s claim 8 was agreed to in principle. The Parties are currently in the process of memorializing and 9 executing a formal settlement agreement. 10 To allow the Parties time to reduce this agreement to writing and to draft corollary 11 documents including appropriate notice to the settlement class, the Parties jointly propose 12 to stay discovery in this matter and to file a Motion for Preliminary Approval of the 13 settlement no later than June 12, 2017. 14 15 Accordingly, consistent with the Parties’ agreement and, in the interest of judicial and litigant economy, the Court hereby orders: 16 a) That discovery in this matter is stayed; and 17 b) That the Parties shall file a Motion for Preliminary Approval of the settlement 18 no later than June 12, 2017. 19 20 IT IS SO ORDERED. 21 22 Dated: 5/12/2017 /s/ John A. Mendez__________ Hon. John A. Mendez, U.S.D.J. 23 24 25 26 27 28 2 JOINT STATUS REPORT AND STIPULATED ORDER STAYING DISCOVERY 38983641v.1 1 2 3 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 4 5 6 7 8 9 10 11 DATE: May 12, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STATUS REPORT AND STIPULATED ORDER STAYING DISCOVERY 38983641v.1

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