Fernandez v. Brink's Incorporated

Filing 32

ORDER re 31 Status Report. Further Joint Status Report due by 4/22/2016. Signed by Judge Jeffrey S. White on 2/23/16. (jjoS, COURT STAFF) (Filed on 2/23/2016)

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Arlo García Uriarte (S.B.N. 231764)
Brent A. Robinson (S.B.N. 289373)
Liberation Law Group, P.C.
2760 Mission Street
San Francisco, CA 94110
[e-mail]
[phone] (office)
[phone] (facsimile)
Counsel for Plaintiff
Ernie Ricardo Fernandez
Spencer C. Skeen, State Bar No. 182216
[e-mail]
Ogletree, Deakins, Nash, Smoak. & Stew Art, P.C.
4370 La Jolla Village Drive, Suite 990
San Diego, CA 92122
Telephone: [phone]
Facsimile: 858.652.3101
Becki D. Graham, State Bar No. 238010
[e-mail]
Ogletree, Deakins, Nash, Smoak. & Stewart, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.442.4870
Counsel for Defendant
Brink's Incorporated

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In the United States District Court
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For the Northern District of California
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Oakland Division
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Ernie
Ricardo
Fernandez,
individually, on behalf of all others similarly
situated, and on behalf of the general public,

Joint Status Report
Plaintiff,

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Case No. 15-cv-02667-JSW

[Proposed] Order
Versus
Brink’s Incorporated, a Delaware
Corporation, and Does 1-5,
Defendants.

Hon. Jeffrey S. White, Presiding

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Joint Status Report

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On August 25, 2015, the Court ordered this matter stayed pending the outcome of

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a pending motion seeking final approval of a class action settlement in the matter of Belew

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v. Brink’s Incorporated (S.D.Cal. Case No. 14CV1748 JAH JLB)(hereinafter Belew), and

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ordered the parties to submit a joint status report within 10 days of entry of the final

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approval order in Belew. (Dkt. 27.)

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On October 29, 2015, the Belew court issued an order granting final approval of that

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class action’s settlement. (A true and correct copy of the final approval order in Belew is

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attached as Exhibit A.) An objector to the Belew final approval order has appealed that

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decision, and that appeal is currently pending before the United States Court of Appeals for

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the Ninth Circuit.

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On November 5, 2015, the parties stipulated to an order continuing to November 23

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the deadline for the joint status report while the parties continued to meet and confer,

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including by exploring the prospect for settlement through mediation.

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On November 18, 2015, the parties stipulated to a new order continuing to February
22, 2016 the deadline for a joint status report to allow the parties to mediate their dispute.
On February 4, 2016, the parties to this matter as well as counsel of record for the

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plaintiffs each of the following related matters attended mediation before Mr. Mark Rudy:

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Stafford v. Brink’s Incorporated (C.D.Cal. Case No. 14-cv-01352-MWF-PLA); Walker v.

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Liberation Law Group, P.C.

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Brink’s Global Services USA, Inc. (C.D.Cal. Case No. 15-cv-08833-GW-KS); Ceron v.

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Brink’s Incorporated (C.D.Cal. Case No. 2:15-CV-01129-JFW ( JCx); and Ceron v. Brink’s

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Incorporated (Los Angeles Super. Ct. Case No. BC576462. Unfortunately, the various

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parties were not able to reach a resolution of their disputes.

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Subsequent to mediation, Plaintiff continues to be actively engaged in discussions

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with counsel in the related Stafford, Walker, and Ceron matters to explore questions of joint

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representation and consolidation in the outstanding California class and representative

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litigation against Defendant.
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Joint Status Report; Order

Case No. 15-cv-02667-JSW

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Accordingly, Plaintiff Ernie Ricardo Fernandez, by his attorneys of record, request

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that the Court defer any case management conference for 60 days and issue an order for the

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parties to file a further joint status report by April 22, 2016. Defendant has no objection to

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Plaintiff’s request.

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February 22, 2016

Liberation Law Group, P.C.

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By:_______/s/ Brent A. Robinson__________

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Brent A. Robinson

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Counsel for Plaintiff

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February 22, 2015

Ogletree, Deakins, Nash, Smoak. & Stewart, P.C.

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By:_______/s/ Becki D. Graham__________

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Becki D. Graham

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Counsel for Defendant

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Liberation Law Group, P.C.

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Filer’s Attestation
Pursuant to Civil Local Rules, rule 5-1(i)(3), I attest under penalty of perjury that
concurrence in the filing of the document has been obtained from its signatory.

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Dated: February 22, 2016

By:_______/s/ Brent A. Robinson__________

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Joint Status Report; Order

Case No. 15-cv-02667-JSW

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Order

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It is hereby ordered that the parties file a joint status report by April 22,

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2016. The parties’ report shall set forth their positions on how this litigation should

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proceed.

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It is so ordered.

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February 23
Dated: ____________, 2016

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Hon. Jeffrey S. White

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United States District Judge

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Liberation Law Group, P.C.

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Joint Status Report; Order

Case No. 15-cv-02667-JSW