Hudson v. First Transit, Inc.

Filing 50

ORDER REGARDING JOINT LETTER. Signed by Judge Alsup on May 17, 2011. (whalc2, COURT STAFF) (Filed on 5/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ADRIENNE HUDSON, individually and
on behalf of all others similarly situated,
Plaintiff,

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No. C 10-03158 WHA

ORDER REGARDING
JOINT LETTER

v.
FIRST TRANSIT, INC.,
Defendant.
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In this proposed employment discrimination class action, the parties write jointly by letter

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to request (i) “release of the parties from the Court’s instruction not to discuss settlement prior to

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the ruling on class certification”; and (ii) “to postpone class certification expert discovery and

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briefing until after issuance of the United States Supreme Court decision in Dukes v. Wal-Mart.”

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As an initial matter, letters are not the proper way to seek relief from the Court (except as

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outlined in the Court’s standing order regarding discovery disputes, which the parties’ letter does

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not present). If the parties seek further action from this Court, then they should file a timely

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motion for relief.

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Nevertheless, in this instance regardless of the improper form in which relief was

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requested, the requested relief is DENIED. As to the parties’ first request, plaintiff’s counsel has

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not been appointed interim class counsel pursuant to FRCP 23(g)(3). Counsel do not request such

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appointment in their letter. They offer no reason why they should be allowed to compromise the
rights of absent parties without a proper vetting under the law. As to the parties’ second request,

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a prior order stated very clearly that “no further extensions [of the class certification motion

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deadline] will be granted, and no extension of the case management schedule will be granted

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[otherwise]” (Dkt. No. 42). That ruling still stands.

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IT IS SO ORDERED.
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Dated: May 17, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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