Barker v. Chanault et al.,
ORDER DENYING PLAINTIFF'S REQUEST TO REOPEN MEDIATION re 89 Request filed by Kenneth Barker Signed by Judge Alsup on 7/12/2017. (whalc1, COURT STAFF) (Filed on 7/12/2017) (Additional attachment(s) added on 7/12/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
No. C 16-05647 WHA
KENNETH I. CHENAULT, Chairman
and Chief Executive Officer, and
AMERICAN EXPRESS COMPANY,
ORDER RE PLAINTIFF’S
Plaintiff Kenneth Barker seeks an order reopening mediation, contending that the
previous mediation was inoperative since, at the earlier mediation, Defendant American Express
Company contended that the proper defendant should have been American Express Centurion
Bank (Dkt. No. 89 at 1). American Express Company has since acceded to Barker’s position
that he is entitled to sue the company he names as defendant — here American Express
Company, not American Express Centurion Bank.
Nevertheless, Barker’s motion is premature. An order invited defendants to bring an
early summary judgment motion, which is due in nine days. This motion may dispose of the
case entirely, or at least streamline the issues. Accordingly, plaintiff’s request to reopen
mediation is DENIED. This is without prejudice to a stipulated request to reopen mediation
brought by all parties or a renewed request after the foregoing motion has been resolved.
IT IS SO ORDERED.
Dated: July 12, 2017.
UNITED STATES DISTRICT JUDGE
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