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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 KENNETH BARKER, 9 Plaintiff, 11 For the Northern District of California United States District Court 10 12 13 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. / 14 15 Plaintiff Kenneth Barker seeks an order reopening mediation, contending that the 16 previous mediation was inoperative since, at the earlier mediation, Defendant American Express 17 Company contended that the proper defendant should have been American Express Centurion 18 Bank (Dkt. No. 89 at 1). American Express Company has since acceded to Barker’s position 19 that he is entitled to sue the company he names as defendant — here American Express 20 Company, not American Express Centurion Bank. 21 Nevertheless, Barker’s motion is premature. An order invited defendants to bring an 22 early summary judgment motion, which is due in nine days. This motion may dispose of the 23 case entirely, or at least streamline the issues. Accordingly, plaintiff’s request to reopen 24 mediation is DENIED. This is without prejudice to a stipulated request to reopen mediation 25 brought by all parties or a renewed request after the foregoing motion has been resolved. 26 27 28 IT IS SO ORDERED. Dated: July 12, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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