Opinion
MORGAN, LEWIS & BOCKIUS LLP COLLIE F. JAMES, IV, Irvine, CA, MORGAN, LEWIS & BOCKIUS LLP MONIQUE E. CHO, Los Angeles, CA. Attorneys for Defendants PEPSIAMERICAS INC. and PNEUMO ABEX LLC.
Tesfaye W. Tsadik, LAW OFFICES OF TESFAYE W. TSADIK, Attorneys for Plaintiffs.
William M. Simpich, LAW OFFICES OF WILLIAM M. SIMPICH, Attorneys for Plaintiffs.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
SUSAN ILLSTON, District Judge.
Plaintiffs, by and through their undersigned counsel, and Defendants Pepsi Metropolitan Bottling Company, Inc. (f/k/a PepsiAmericas, Inc.), Pneumo Abex Corporation and Whitman Corporation (collectively, "Defendants"), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, five plaintiffs remain with live claims;
WHEREAS, on July 31, 2014 an order was issued setting a Settlement Conference and Settlement Conference Order before Magistrate Judge Kandis A. Westmore. on August 18, 2014, at 11:00 AM in Courtroom 4, 3rd Floor, Oakland;
WHEREAS, a further Status Conference Status is scheduled for September 19, 2014;
WHEREAS, Plaintiffs and Defendants agree that the best way to achieve settlement on the remaining claims is to engage the services of the mediator who has successfully presided over the multiples weeks of mediation on other plaintiffs' claims in the related Avila and Nickerman actions and in the claims of other settled plaintiffs in this action;
WHEREAS, the parties have engaged the mediator and secured her services for October 14, 2014, the next available date; and
WHEREAS, the Parties believe that the interests of efficiency are best served if the Settlement Conference before Magistrate Judge Westmore is taken off calendar and the Status Conference is rescheduled for after the October 14, 2014 mediation.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the respective parties hereto and subject to the approval of the Court, that:
1. The Settlement Conference before Magistrate Judge Westmore scheduled for August 18, 2014, shall be taken off calendar.
2. The Status Conference scheduled for September 19, 2014, shall be continued to October 24, 2014, or the next available date convenient for the Court.