Workman v. Plum, Inc., et al
Filing
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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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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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KATHRYN WORKMAN, on behalf of
herself and all others similarly situated,
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Plaintiff,
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No. C 15-02568 WHA
v.
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ORDER DENYING STIPULATED
REQUEST FOR A LIMITED
STAY PENDING EARLY
MEDIATION
PLUM INC., D/B/A/ PLUM ORGANICS,
and CAMPBELL SOUP COMPANY,
Defendants.
/
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In this proposed class action, the parties have filed a stipulated request to the stay the
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case for 90 days so they can conduct a private mediation. This request is DENIED. The parties
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should not try to negotiate a class settlement until a class has been certified, as stated in the
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undersigned judge’s “Notice Regarding Factors to be Evaluated for any Proposed Class
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Settlement,” which was sent to the parties on July 14, 2015 (Dkt. No. 20). It is best for
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settlement to be discussed after the class certification stage so that any compromise does not
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reflect anything other than the merits of the case. See Howard Erichson, Beware the Settlement
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Class Action, DAILY JOURNAL, Nov. 24, 2014. As of now, plaintiff’s counsel only represent the
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individual plaintiff. They do not represent any class until a class has been certified and they
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have been appointed class counsel.
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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
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must first be made and good cause must be shown. No such motion has been made here.
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Moreover, if interim class counsel is appointed, any mediation must be conducted before a
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magistrate judge that the undersigned refers the case to. A private mediator will not suffice.
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IT IS SO ORDERED.
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Dated: July 24, 2015.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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