Hendrickson v. Wal-Mart Associates, Inc. et al

1
23-cv-00110-AJB-BJW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MARK HENDRICKSON,
Plaintiff,
v.
WAL-MART ASSOCIATES, INC., et al.,
Defendants.
Case No.: 23-cv-00110-AJB-BJW
ORDER DENYING REQUEST TO
VACATE DATES AND SET A
HEARING ON PLAINTIFF’S
MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT
(Doc. No. 89)
Before the Court is Plaintiff Mark Hendrickson’s (“Hendrickson”) Notice of
Settlement, Request to Vacate Dates, and Set a Hearing on Plaintiff’s Motion for
Preliminary Approval of Settlement. (Doc. No. 89.) Hendrickson explains that he and
Defendant Wal-Mart Associates, Inc. (“Wal-Mart”) “have reached an agreement in
principle to resolve all claims between the parties” and that the parties “anticipate having
a final and signed formal settlement agreement within thirty (30) days.” (Id. at 2.) Given
these circumstances, Hendrickson requests that the Court vacate the May 21, 2026 hearings
on Wal-Mart’s motion for summary judgment (Doc. No. 85) and Hendrickson’s motion to
certify class (Doc. No. 86). (Doc. No. 89 at 2.) Hendrickson further requests that the court
vacate all other dates and deadlines in this action. (Id.) Hendrickson additionally requests
Case 3:23-cv-00110-AJB-BJW Document 90 Filed 02/18/26 PageID.<pageID>
Page 1 of 2

2
23-cv-00110-AJB-BJW
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
that the Court “reserve May 21, 2026, for the hearing on [Hendrickson’s anticipated]
motion for preliminary approval of settlement.” (Id.)
Pursuant to Federal Rule of Civil Procedure 7(b)(1), a “request for a court order must
be made by motion.” Because these requests for relief do not comply with this requirement,
Hendrickson’s Request to Vacate Dates and Set a Hearing on Plaintiff’s Motion for
Preliminary Approval of Settlement is DENIED. Hendrickson may renew his requests in
a motion that complies with Rule 7(b)(1). If the motion is not filed jointly, the Court will
then set a briefing schedule. Additionally, the Court will provide a hearing date for
Hendrickson’s anticipated motion for preliminary approval of settlement on the day that
Hendrickson files said motion. J. Battaglia Civ. Case Proc. § III.B.
IT IS SO ORDERED.
Dated: February 18, 2026
Case 3:23-cv-00110-AJB-BJW Document 90 Filed 02/18/26 PageID.<pageID>
Page 2 of 2