Citing 'Highly Uncertain' Schedule for Civil Matters, Judge Urges Parties to Consider Settling
"At this juncture, no assurances can be given as to when civil trials can be resumed, and if so, whether a further suspension due to public health developments will be necessary," wrote San Francisco-based U.S. District Judge Richard Seeborg. "Accordingly, it would seem to be an optimal time for the parties to initiate or renew an exploration of possible settlement or some other form of alternative dispute resolution."
May 19, 2020 at 11:25 AM
3 minute read
The original version of this story was published on The Recorder
U.S. District Judge Richard Seeborg of the Northern District of California has a message for litigants with cases pending on his civil docket: Consider settling.
The San Francisco jurist issued a general order on the dockets of his civil cases Monday indicating that scheduling conditions caused by the COVID-19 pandemic have made items on his future calendar "highly uncertain."
"At this juncture, no assurances can be given as to when civil trials can be resumed, and if so, whether a further suspension due to public health developments will be necessary," Seeborg wrote. "Accordingly, it would seem to be an optimal time for the parties to initiate or renew an exploration of possible settlement or some other form of alternative dispute resolution."
Seeborg is ordering parties to meet and confer within 30 days of the order to discuss "the prospect of resolution" and file a joint report about the status of the case. Seeborg has asked the parties to stick to a template for the joint report indicating whether they've settled and will be filing the applicable paperwork with the court, that they're making progress and that they'd like to engage in further ADR, or that after a good-faith effort they were unable to reach a settlement.
For those pursuing the ADR route, Seeborg has offered the parties the opportunity to make further requests of the court. He's also offered all parties the opportunity to provide him with further information.
Seeborg's order comes as a general order from Northern District Chief Judge Phyllis Hamilton has barred the beginning of any new jury trials until at least June 1. Some high-profile trials that were set to begin after that date in the district have already been postponed. On May 15, U.S. District Judge William Orrick III vacated a June 8 trial date in a discrimination case brought against Tesla Inc. by workers at its Fremont, California, production facility after previously holding out a sliver of hope that the trial could move forward. Before that, U.S. District Judge Edward Davila said at a hearing last month that he was likely to delay the criminal trial against Elizabeth Holmes, the founder of defunct blood-testing company Theranos, which was originally set for opening statements in early August.
As for Seeborg, his civil docket includes a class action lawsuit accusing Facebook Inc. of illegally accessing the contact lists, text and call data of smartphones using the Android operation system, a lawsuit against Doordash claiming that the company misclassifies the couriers who use its delivery app as independent contractors, and a lawsuit brought on behalf of New Orleans residents against Uber Technologies Inc. over the company's failure to extend its service for those in need of wheelchair accessible vehicles to the city.
Read Seeborg's General Order:
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllUber Not Responsible for Turning Over Information on 'Dangerous Riders' to Competitor, Judge Finds
5 minute readFederal Judge Sends Novel Damages Question in Employment Dispute to State Court
5 minute readBank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
3 minute readCounty Reps: Appeal Likely Following State Court's Sales Tax Ruling for Retail Marijuana
6 minute readTrending Stories
- 1US Magistrate Judge Embry Kidd Confirmed to 11th Circuit
- 2Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
- 3McCormick Consolidates Two Tesla Chancery Cases
- 4Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
- 5Schools Win Again: Social Media Fails to Strike Public Nuisance Claims
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250