Owino et al v. CoreCivic, Inc.
ORDER Regarding Class Notice Plan. The Court will GRANT the request to enlarge to the time to execute the plan to February 9, 2021. Signed by Magistrate Judge Nita L. Stormes on 1/13/2021. (tcf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SYLVESTER OWINO, JONATHAN
GOMEZ, on behalf of themselves, and all
others similarly situated,
Case No.: 3:17-cv-1112-JLS-NLS
ORDER REGARDING CLASS
CORECIVIC, INC., a Maryland
AND RELATED CROSS ACTION
On December 18, 2020, the Court issued its final order on the Plaintiffs’ class
notice plan. ECF No. 206. The Court set a deadline of December 31, 2020 for Plaintiffs
to comply with the rulings and a deadline of January 19, 2021 for Plaintiffs to begin
execution of the class notice plan. Id.
On December 31, 2020, Plaintiffs filed a notice with the Court that they have
complied with the order. ECF No. 207. In the notice, Plaintiffs also request that the
Court modify the deadline for execution of the plan, to either 35 days after the Court
rules on the pending motion for reconsideration of the class certification order (ECF No.
181) or alternatively, to February 9, 2021, which Plaintiffs claim is the earliest date it
would be feasible to logistically launch the plan. ECF No. 207 at 2-3. On January 7,
Defendant filed a response, not objecting to the request to delay the plan execution, but
raising three issues where it believes Plaintiffs did not adhere to the Court’s previous
order in the class notice plan. ECF No. 208. Defendant also requested that the Court
require Plaintiff to submit all future modifications to the Court and Defendant for review
and approval. Id. at 3. The following day, on January 8, Plaintiffs responded, stating that
while they do not agree with the issues raised, they would nevertheless make the changes
requested by Defendant. ECF No. 209. Plaintiffs suggest that Defendant should meet
and confer with them regarding any future issues to avoid unnecessary filings with the
Court. Id. at 2.
As to the issue on timing, the Court will GRANT the request to enlarge to the time
to execute the plan to February 9, 2021. In addition, with regards to any future
modifications that need to be made to the class notice plan materials, the Court orders as
follows. Plaintiffs need to notify Defendant of any future modifications. Defendants
may then raise any issues directly to Plaintiffs and counsel shall meet and confer
regarding any issues. If there are issues that cannot be resolved between the parties, the
parties may raise them to the Court, but must follow the Court’s procedures regarding
discovery disputes as outlined in Judges Stormes’ Civil Case Procedures, Section VI. In
particular, the parties must follow the meet and confer requirements and joint motion
procedure before the issue can be brought in front of the Court.
IT IS SO ORDERED.
Dated: January 13, 2021
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