Boyer v. Five Guys Enterprises, LLC

Filing 119

ORDER: For good cause shown, the request to continue stay is granted. It is ordered: (1) The parties shall forthwith schedule a settlement conference with the assigned Magistrate Judge. (2) If the parties are not successful in resolving the attorneys ' fees and costs issue, Plaintiff shall file a motion for attorneys' fees and costs with this Court no later than 6/3/2019. (3) The final pretrial conference currently set for 4/29/2019 is vacated. (4) Plaintiff's pending motion for class certification (doc. no. 102 ) is denied as moot. Signed by Judge M. James Lorenz on 4/18/2019. (lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BRETT BOYER, individually and on
behalf of others similarly situated,
Plaintiff,

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Case No.: 15cv1417-L-JLB
ORDER

v.
FIVE GUYS ENTERPRISES, LLC,
Defendant.

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Pending before the Court is the Parties’ Joint Status Report which includes a

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request to continue stay. This is the parties' third request to continue the stay that was

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initially granted on February 1, 2019 to provide time for the parties to negotiate a

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settlement. (See docs. no. 113, 115, 117.) The parties report that they have reached an

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accord on all issues except attorneys' fees and costs. They request to continue the stay to

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resolve this issue with the Magistrate Judge's assistance. They have agreed to file a

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motion for attorneys' fees and costs with this Court if they are unable to reach an

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agreement. For good cause shown pursuant to Landis v. North American Co., 299 U.S.

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248, 254 (1936), the request to continue stay is granted. It is ordered as follows:

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1.

The parties shall forthwith schedule a settlement conference with the

assigned Magistrate Judge.
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15cv1417-L-JLB

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2.

If the parties are not successful in resolving the attorneys' fees and costs

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issue, Plaintiff shall file a motion for attorneys' fees and costs with this Court no later

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than June 3, 2019.

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3.

The final pretrial conference currently set for April 29, 2019 is vacated.

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4.

Plaintiff's pending motion for class certification (doc. no. 102) is denied as

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moot.
IT IS SO ORDERED.
Dated: April 18, 2019

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15cv1417-L-JLB