Ijecoma Esomonu v. Omnicare, Inc.

Filing 82

ORDER by Judge Haywood S. Gilliam, Jr. Granting 81 Stipulation to Continue 74 Class Certification Hearing Pending Private Mediation. (ndrS, COURT STAFF) (Filed on 1/3/2018)

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Chad D. Bernard (State Bar No. 194162)
JACKSON LEWIS P.C.
225 Broadway, 20th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Shaun Setareh (State Bar No. 204514)
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Scott P. Jang (State Bar No. 260191)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Attorneys for Plaintiff
IJEOMA ESOMONU

Attorneys for Defendant
OMNICARE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IJEOMA ESOMONU, on behalf of herself, all
others similarly situated,

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AMENDED STIPULATION AND
ORDER TO CONTINUE CLASS
CERTIFICATION HEARING PENDING
PRIVATE MEDIATION

Plaintiff,

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Case No. 4:15-cv-02003-HSG

v.

Date:
Time:
Judge:
Court:

OMNICARE, INC., a Delaware corporation;
and DOES 1-10 inclusive,
Defendants.

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January 11, 2018
2:00 p.m.
Hon. Haywood S. Gilliam, Jr.
Courtroom 2
1301 Clay Street
Oakland, CA 946122

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AMENDED STIPULATION AND ORDER TO
CONTINUE CLASS CERTIFICATION HEARING PENDING MEDIATION

Case No. 4:15-cv-02003-HSG

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Currently pending before this Court is Plaintiff’s motion for class certification, which is

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scheduled for hearing on January 11, 2018. However, for the reasons set forth below, the Parties

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respectfully request the Court continue the hearing date to April 5, 2018 in the interest of

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preserving Court and party resources while the Parties participate in full-day mediation with the

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Honorable Stephen J. Sundvold (retired), an experienced Mediator in Fair Credit Reporting Act

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(“FCRA”) putative class actions:

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1.

WHEREAS, on May 4, 2017, the Court referred this case to U.S. Magistrate Judge

Kandis A. Westmore for settlement purposes. (ECF No. 66.)
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WHEREAS, on July 27, 2017, the Parties appeared telephonically before Judge

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Westmore for an initial conference call, and during which Judge Westmore scheduled this case

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for a settlement conference on September 18, 2017. (ECF No. 72.)

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3.

WHEREAS, due to conflicts in schedules, the settlement conference was vacated.

(ECF No. 73.)
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WHEREAS, the Parties have since met and conferred several times to determine a

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new settlement conference date, but have thus far been unable to find a date that is available for

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both parties and Judge Westmore.

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5.

WHEREAS, now that the Parties have fully briefed Plaintiff’s motion for class

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certification (ECF Nos. 74-79), the Parties have a better and more complete understanding of the

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other party’s position and the risks each side faces proceeding with class certification.

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6.

WHEREAS, the Parties, therefore, believe that it would be fruitful to participate in

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a full-day private mediation (as opposed to a half-day settlement conference) at this time, and, to

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this end, have scheduled a full-day private mediation in February with the Honorable Stephen J.

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Sundvold (retired) at JAMS.

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7.

WHEREAS, Judge Sundvold has considerable experience in resolving FCRA

putative class actions and other employment matters.
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THEREFORE, in the interest of preserving the Court’s and each party’s resources,

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and to maintain the status quo pending alternative dispute resolution, the Parties hereby stipulate

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and respectfully request the Court continue the hearing on Plaintiff’s motion for class certification
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AMENDED STIPULATION AND ORDER TO
CONTINUE CLASS CERTIFICATION HEARING PENDING MEDIATION

Case No. 4:15-cv-02003-HSG

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to April 5, 2018.

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IT IS SO STIPULATED.

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Dated: January 3, 2018

JACKSON LEWIS P.C.

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By:

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_/s/ Chad D. Bernard1__
Chad D. Bernard
Scott P. Jang
Attorneys for Defendant
OMNICARE, INC.

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Dated: January 3, 2018

SETAREH LAW GROUP

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By:

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_/s/ Shaun Setareh________
Shaun Setareh
Attorneys for Plaintiff
IJEOMA ESOMONU

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Per the Parties’ stipulation, and good cause appearing, the hearing on Plaintiff’s motion

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for class certification (ECF No. 74) is continued to April 5, 2018.

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DIRECTED that within seven days of the mediation, the parties SHALL file a joint status report

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of no more than two pages notifying the Court about the results of the mediation.

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The parties are further

IT IS SO ORDERED.

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Date: 1/3/2018
Hon. Haywood S. Gilliam, Jr.
United States District Judge
4818-2054-1786, v. 1

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Pursuant to Local Rule 5-1(i), the ECF-filing party attests that concurrence in the filing of this
document has been obtained from each of the signatories.
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AMENDED STIPULATION AND ORDER TO
CONTINUE CLASS CERTIFICATION HEARING PENDING MEDIATION

Case No. 4:15-cv-02003-HSG