Collins v. GameStop Corp. et al

Filing 92

ORDER by Judge Thelton E. Henderson denying without prejudice 83 Defendants' motion for leave to submit evidence from mediation proceedings. The parties shall return to Judge Infante for a final opinion on whether a settlement was reached through mediation. (tehlc3, COURT STAFF) (Filed on 8/18/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES COLLINS, et al.,

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Plaintiffs,
v.
GAMESTOP CORP., et al.,

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NO. C10-1210 TEH
ORDER DENYING WITHOUT
PREJUDICE DEFENDANTS’
MOTION FOR LEAVE TO
SUBMIT EVIDENCE FROM
MEDIATION PROCEEDINGS

Defendants.

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For the Northern District of California

United States District Court

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This matter comes before the Court on Defendants’ motion to submit evidence from

12 mediation in future proceedings. After carefully reviewing the parties’ written submissions,
13 the Court finds oral argument to be unnecessary and now VACATES the hearing scheduled
14 for August 29, 2011.
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The parties participated in a one-day mediation with the Honorable Edward A. Infante

16 of JAMS on March 3, 2011. Defendants contend that the matter settled as to all issues except
17 for attorneys’ fees. Plaintiffs contend that no settlement was reached. Defendants have now
18 filed a motion for leave to file with the Court evidence from the mediation in any of four
19 possible future proceedings: opposing a motion for class certification; discovery proceedings;
20 opposing a motion for attorneys’ fees; and a motion to enforce a settlement.
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The Court finds Defendants’ motion to be premature and therefore DENIES the

22 motion without prejudice. Both parties agree that they should return to Judge Infante for a
23 final opinion on whether a settlement was reached through mediation, and the Court now
24 orders them to do so as soon as Judge Infante’s schedule will allow. If Judge Infante agrees
25 with Defendants, then Plaintiffs have agreed to abide by that decision. Plaintiffs state that
26 they would then proceed before this Court on a motion for attorneys’ fees, but the Court
27 reminds the parties of their obligation to meet and confer in good faith before filing any such
28 motion. If they cannot resolve their disputes informally, then they shall also attempt

1 settlement with the assigned magistrate judge, Chief Magistrate Judge Maria-Elena James,
2 before any motion is filed.
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If Judge Infante agrees with Plaintiffs, then the parties, of course, remain free to

4 attempt further mediation with Judge Infante. The parties have also both agreed to advance
5 the settlement conference date before Judge James, which will provide another opportunity to
6 resolve this case without litigation.
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If further motion practice becomes necessary, Defendants may renew their motion for

8 leave to submit evidence from the mediation proceedings. However, they shall request such
9 leave only as to a specific motion that they will file with certainty or as to an opposition to a

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For the Northern District of California

United States District Court

10 specific motion that has been filed by Plaintiffs.

12 IT IS SO ORDERED.
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14 Dated: 08/18/11
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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