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Alexander v. Fedex Ground Package System, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Jun 25, 2015
3:05-cv-38 EMC (N.D. Cal. Jun. 25, 2015)

Opinion

          CAROLYN KUBOTA, SCOTT M. VOELZ, O'MELVENY & MYERS LLP, Los Angeles, California, Attorneys for Defendant FedEx Ground Package System.

          BETH A. ROSS, AARON D. KAUFMANN, DAVID P. POGREL, ELIZABETH R. GROPMAN, LEONARD CARDER, LLP, Oakland, California, Attorneys for Plaintiffs.


          JOINT NOTICE OF SETTLEMENT AND MOTION TO VACATE JULY 30 HEARING DATE AND SUSPEND BRIEFING SCHEDULE

          EDWARD M. CHEN, District Judge.

         Plaintiffs Dean Alexander, et al. ("Plaintiffs") and Defendant FedEx Ground Package System, Inc. ("FXG"), by and through their respective undersigned counsel, hereby submit the following Joint Notice of Settlement and Joint Motion to Vacate the July 30 Hearing Date and to Suspend Briefing Schedule and, in support thereof, stipulate, agree, and state as follows:

         1. The parties jointly notify the Court that they have reached a tentative settlement agreement to fully and finally resolve Plaintiffs' remaining claims against FXG in this case with prejudice subject to court approval.

         2. The parties are in the process of memorializing their formal settlement agreement, and related documents, for preliminary approval by this Court.

         3. In light of the foregoing, the parties respectfully request that the Court vacate the July 30 hearing on FXG's Motion to Clarify Class Definition (Dkt. No. 108, Filed 5/21/15), its Motion to Limit Plaintiffs' Recoverable Damages Period (Dkt. No. 111, Filed 5/21/15), and its Motion to Exclude Settlement Deductions from Damages (Dkt. No. 113, Filed 5/21/15), and that the Court suspend the briefing schedule for those motions.

         4. This Motion to Vacate is brought with the expectation that a motion for preliminary approval of the class action settlement will be filed during the week of June 28, 2015 and will be heard during early August 2015 or as soon thereafter as the Court's calendar will permit.

         IT IS SO ORDERED.


Summaries of

Alexander v. Fedex Ground Package System, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Jun 25, 2015
3:05-cv-38 EMC (N.D. Cal. Jun. 25, 2015)
Case details for

Alexander v. Fedex Ground Package System, Inc.

Case Details

Full title:DEAN ALEXANDER, et al., Plaintiffs, v. FEDEX GROUND PACKAGE SYSTEM, INC.…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Jun 25, 2015

Citations

3:05-cv-38 EMC (N.D. Cal. Jun. 25, 2015)