Owino et al v. CoreCivic, Inc.

Filing 214

ORDER Granting 213 Joint Motion to Modify Class Notice Plan Deadline. The parties are ORDERED to notify the Court within 3 days of a decision on the pending Rule 23(f) Petition for Permission to Appeal. Signed by Magistrate Judge Nita L. Stormes on 2/9/2021. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SYLVESTER OWINO, JONATHAN
GOMEZ, on behalf of themselves, and all
others similarly situated,

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Case No.: 3:17-cv-1112-JLS-NLS
ORDER GRANTING JOINT
MOTION TO MODIFY CLASS
NOTICE PLAN DEADLINE

Plaintiff,
v.

[ECF No. 213]

CORECIVIC, INC., a Maryland
corporation,
Defendant.

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AND RELATED CROSS ACTION
Before the Court is the parties’ joint motion to modify the class notice plan
deadline. ECF No. 213. The Court previously set a deadline of February 9, 2021 for
execution of the plan. See ECF No. 211. In the motion, the parties state that Defendant
has filed a Petition for Permission to Appeal pursuant to Rule 23(f) in front of the Ninth
Circuit, seeking review of the Court’s Order denying reconsideration of its class
certification order. See ECF No. 212. In light of this pending petition, the parties argue
that requiring them to execute on the class notice plan may result in wasted resources and
confusion if the Ninth Circuit does indeed grant the petition and modify the classes. ECF

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3:17-cv-1112-JLS-NLS

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No. 213 at 3. The parties request that the Court delay the deadline to execute the class

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notice plan to be 30 days after the pending Rule 23(f) Petition for Permission to Appeal is

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resolved. Id.

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Good cause appearing, the Court GRANTS the motion. The parties are

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ORDERED to notify the Court within 3 days of a decision on the pending Rule 23(f)

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Petition for Permission to Appeal.

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IT IS SO ORDERED.
Dated: February 9, 2021

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3:17-cv-1112-JLS-NLS