Barker v. Chanault et al.,

Filing 90

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).

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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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No. C 16-05647 WHA

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

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previous mediation was inoperative since, at the earlier mediation, Defendant American Express

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Company contended that the proper defendant should have been American Express Centurion

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Bank (Dkt. No. 89 at 1). American Express Company has since acceded to Barker’s position

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that he is entitled to sue the company he names as defendant — here American Express

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Company, not American Express Centurion Bank.

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Nevertheless, Barker’s motion is premature. An order invited defendants to bring an

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early summary judgment motion, which is due in nine days. This motion may dispose of the

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case entirely, or at least streamline the issues. Accordingly, plaintiff’s request to reopen

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mediation is DENIED. This is without prejudice to a stipulated request to reopen mediation

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brought by all parties or a renewed request after the foregoing motion has been resolved.

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IT IS SO ORDERED.
Dated: July 12, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE