Workman v. Plum, Inc., et al

Filing 22

ORDER DENYING 14 21 STIPULATED REQUEST FOR A LIMITED STAY PENDING EARLY MEDIATION (whalc2, COURT STAFF) (Filed on 7/24/2015)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 KATHRYN WORKMAN, on behalf of herself and all others similarly situated, 12 Plaintiff, 13 No. C 15-02568 WHA v. 14 15 ORDER DENYING STIPULATED REQUEST FOR A LIMITED STAY PENDING EARLY MEDIATION PLUM INC., D/B/A/ PLUM ORGANICS, and CAMPBELL SOUP COMPANY, Defendants. / 16 17 In this proposed class action, the parties have filed a stipulated request to the stay the 18 case for 90 days so they can conduct a private mediation. This request is DENIED. The parties 19 should not try to negotiate a class settlement until a class has been certified, as stated in the 20 undersigned judge’s “Notice Regarding Factors to be Evaluated for any Proposed Class 21 Settlement,” which was sent to the parties on July 14, 2015 (Dkt. No. 20). It is best for 22 settlement to be discussed after the class certification stage so that any compromise does not 23 reflect anything other than the merits of the case. See Howard Erichson, Beware the Settlement 24 Class Action, DAILY JOURNAL, Nov. 24, 2014. As of now, plaintiff’s counsel only represent the 25 individual plaintiff. They do not represent any class until a class has been certified and they 26 have been appointed class counsel. 27 28 As stated in the “Notice,” there will be some cases in which it will be acceptable to conserve resources and to propose a resolution sooner. If counsel believe settlement discussions should precede a class certification, however, a motion for appointment of interim class counsel 1 must first be made and good cause must be shown. No such motion has been made here. 2 Moreover, if interim class counsel is appointed, any mediation must be conducted before a 3 magistrate judge that the undersigned refers the case to. A private mediator will not suffice. 4 5 IT IS SO ORDERED. 6 7 Dated: July 24, 2015. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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