Shanehchian v. Macy's, Inc.

Filing 184

OPINION AND ORDER denying as moot 179 Motion for Reconsideration. Signed by Judge S Arthur Spiegel on 6/9/11. (lk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
EBRAHIM SHANEHCHIAN,
:
Individually and on behalf of :
all others similarly situated,:
:
Plaintiffs,
:
:
v.
:
:
MACY’S, INC. et al.,
:
:
Defendants.
:

NO.

1:07-CV-00828

OPINION & ORDER

On March 10, 2011, the Court issued an Opinion and Order
granting Plaintiffs’ Motion to Certify a Class (doc. 164).
Defendants appealed that opinion, and the Court imposed a stay on
all discovery pending that appeal (doc. 177).

Pending before the

Court is Plaintiffs’ motion for reconsideration on the Court’s stay
(doc. 179).
On May 19, 2011, the Sixth Circuit Court of Appeals
denied Defendants’ petition for permission to appeal the Court’s
class certification order (doc. 180).

The Court held a telephone

status conference on June 9, 2011, with Jeffrey Norton and Arvind
Khurana for Plaintiffs and Erica Flores and Jeremy Blumenfeld for
Defendants.
The
conference.

following

decisions

result

from

the

status

The Court scheduled a settlement conference for

September 7, 2011, to begin at 10:00 A.M.

Decision-makers on both

sides, including a decision-maker for Defendants’ primary insurer,

are expected to be present, and the conference is scheduled for the
entire day.
Defendants’

The Court continues the stay on its decision on
pending

motion

for

partial

summary

judgment

and

judgment on the pleadings, pending the outcome of the settlement
conference.

The Court similarly continues the stay on discovery,

provided, however, that the parties are permitted to engage in
limited discovery only inasmuch as it relates to damages in
preparation for the settlement conference.

The parties are to

provide to the Court by no later than August 31, 2011, a summary
explaining

how

calculations,

they

and

there

arrive
is

at

no

need

their
for

respective
a

response

damages
to

those

submissions.
Plaintiffs’ outstanding motion for reconsideration of the
Court’s April 27, 2011 order (doc. 179) is therefore DENIED as
moot.

SO ORDERED.
Dated: June 9, 2011

/s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge

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