Barker v. Chanault et al.,

Filing 54

ORDER RE PLAINTIFF'S REQUEST TO REOPEN MEDIATION re 53 Request filed by Kenneth Barker Signed by Judge Alsup on 5/16/17. (whalc1, COURT STAFF) (Filed on 5/16/2017) (Additional attachment(s) added on 5/16/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENNETH BARKER,

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Plaintiff,

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For the Northern District of California

United States District Court

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v.
KENNETH I. CHENAULT, Chairman
and Chief Executive Officer, and
AMERICAN EXPRESS COMPANY,

ORDER RE PLAINTIFF’S
REQUEST TO
REOPEN MEDIATION

Defendants.
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No. C 16-05647 WHA

Plaintiff Kenneth Barker seeks an order reopening mediation, contending that the prior

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mediation was an “exercise founded in idiocy” because he had not yet received responses to

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interrogatories, which responses were later ordered (Dkt. No. 53 at 1).

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Plaintiff’s request is premature. Defendant American Express Company has moved to

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substitute a different company as the defendant, which motion remains pending. Additionally,

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an order invited defendants to bring an early summary judgment motion, which is due in several

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weeks. These motions may dispose of the case entirely, or at least as to one of our current

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defendants. Accordingly, plaintiff’s request to reopen mediation is DENIED. This is without

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prejudice to a stipulated request to reopen mediation brought by all parties or a renewed request

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after the foregoing motions have been resolved.

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IT IS SO ORDERED.
Dated: May 16, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE