Taylor et al v. FedEx Freight, Inc.

Filing 41

ORDER Setting Mediation Deadline for June 7, 2011 Per Stipulation of Parties. Signed by Judge Lucy H. Koh on 3/11/2011. (lhklc2, COURT STAFF) (Filed on 3/11/2011)

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Taylor et al v. FedEx Freight, Inc. Doc. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LIT T LE R ME NDE LSO N A P R O F E S S I ON A L C O RP O R AT I O N 2049 Ce ntury Park E a st 5th F loor Los Ange le s, C A 90067. 3107 310. 553. 0308 KEITH A. JACOBY, Bar No. 150233 LITTLER MENDELSON A Professional Corporation 2049 Century Park East 5th Floor Los Angeles, CA 90067.3107 Telephone: 310.553.0308 MICHELLE B. HEVERLY, Bar No. 178660 ERICA H. KELLEY, Bar No. 221702 LITTLER MENDELSON A Professional Corporation 50 W. San Fernando Street, 15th Floor San Jose, CA 95113-2431 Attorneys for Defendant FEDEX FREIGHT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ROY D. TAYLOR, ARLETHA FLUD, THOMAS J. WOOD, ERNEST C. HARVEY, II, individually, and on behalf of all other similarly situated,, Plaintiff, v. FEDEX FREIGHT, INC., an Arkansas Corporation, and DOES 1 through 20, inclusive, Defendant. Case No. 5:10-CV-02118 LHK JOINT STIPULATION AND PROPOSED ORDER REGARDING IN-PERSON MEDIATION SESSION TO BE HELD AFTER DISPOSTIVE MOTIONS WHEREAS, the parties have previously mediated this case on two occasions, most recently on February 17, 2011, before private mediator Lisa Klerman; WHEREAS, the parties were unsuccessful in settling the matter at the time of the mediation, but have continued to have discussions through Ms. Klerman regarding resolution of the case; and Case Number 5:10-CV-02118 LHK JOINT STIPULATION AND PROPOSED ORDER REGARDING POST MOTION MEDIATION Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LIT T LE R ME NDE LSO N A P R O F E S S I ON A L C O RP O R AT I O N 2049 Ce ntury Park E a st 5th F loor Los Ange le s, C A 90067. 3107 310. 553. 0308 WHEREAS, the parties agree that any settlement discussions will be more productive after the proposed dispositive motions (cross motions for summary judgment/adjudication and Defendant's motion for decertification) have been filed and heard; WHEREAS, at the Case Management Conference hearing held on March 2, 2011, this Court ordered that the parties continue settlement discussions and that they attend another inperson mediation session following motion practice; WHEREAS, the parties agree that they will participate in telephonic medication discussions through Ms. Klerman after the filing of the aforementioned motions; WHEREAS, the parties agree that they will attend an in-person mediation following the hearing on those motions, which the parties agreed to set for June 7, 2011. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Roy Taylor, Arletha Flud, Thomas Wood and Ernest Harvey and Defendant FedEx Freight, Inc., through their respective counsel, and subject to approval by the Court, that the date for the in-person mediation be set for June 7, 2011. The parties and Ms. Klerman are available on this date. Dated: March 9, 2011 /s/ MICHELLE B. HEVERLY LITTLER MENDELSON A Professional Corporation Attorneys for Defendant FEDEX FREIGHT WEST, INC. Dated: March 9, 2011 /s/ JAMES ASHWORTH LAW OFFICES OF MARY ALICE COLEMAN Attorneys for Plaintiffs 2. Case No. 5:10-CV-02118 LHK JOINT STIPULATION AND PROPOSED ORDER REGARDING POST MOTION MEDIATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LIT T LE R ME NDE LSO N A P R O F E S S I ON A L C O RP O R AT I O N 2049 Ce ntury Park E a st 5th F loor Los Ange le s, C A 90067. 3107 310. 553. 0308 ORDER The Court having reviewed the foregoing joint stipulation, IT IS HEREBY ORDERED as follows: The in-person mediation of the above captioned case shall be held on June 7, 2011. Dated: March ______, 2011 11 HONORABLE LUCY KOH Firmwide:100587612.1 057116.1001 3. Case No. 5:10-CV-02118 LHK JOINT STIPULATION AND PROPOSED ORDER REGARDING POST MOTION MEDIATION

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