Porreca et al v. Flowers Baking Co. of California, LLC et al
Filing
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STIPULATION and ORDER signed by Judge John A. Mendez on 7/10/15 ORDERING that the parties' time to submit a Joint Status Report pursuant to the Court's 6/11/15 Order is EXTENDED to 9/15/2015. (Mena-Sanchez, L)
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DILLINGHAM & MURPHY, LLP
JOHN N. DAHLBERG, ESQ. (SBC 85122)
WILLIAM F. MURPHY, ESQ. (SBN 82482)
601 CALIFORNIA STREET, SUITE 1900
SAN FRANCISCO, CALIFORNIA 94108
TELEPHONE: (415) 397-2700
FACSIMILE: (415) 397-3300
jnd@dillinghammurphy.com
wfm@dillinghammurphy.com
Attorneys for Defendant
SAFEWAY INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
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ANTHONY PORRECA, et al.
Plaintiffs,
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vs.
FLOWERS BAKING CO. OF CALIFORNIA,
LLC, A LIMITED LIABILITY COMPANY;
SAFEWAY INC., a corporation; and
DOES 1 THROUGH 100, inclusive.
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STIPULATION FOR AND ORDER
CONTINUING SUBMISSION DATE FOR
JOINT STATUS REPORT TO
SEPTEMBER 15, 2015
Defendants.
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CASE NO. 1:15-CV-00732 JAM MJS
Plaintiffs, by and through their counsel of record, and defendants FLOWERS BAKING
CO. OF CALIFORNIA, LLC, A LIMITED LIABILITY COMPANY (“Flowers”) and
SAFEWAY INC. (“Safeway”), stipulate that the Court may enter an order continuing the
parties’ time to prepare and submit a Joint Status Report as required by the Court’s June 11,
2015, order in this action, from July 13, 2015 to and including September 15, 2015. The
parties believe there is good cause for the Court to enter such an order, for at least the following
reasons.
First, defendant Safeway has a motion to dismiss the action as to Safeway on file, and
set for hearing on August 5, 2015. Depending on the Court’s ruling on the motion to dismiss,
some or all of the claims against Safeway in this action may be eliminated or changed, making
PAGE 1 - CASE NO. 1:15 CV 00732 JAM MJS
STIP/ORDER RE: JOINT STATUS REPORT
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the preparation and submission of a discovery plan and the setting of pretrial and trial dates at
best premature as to Safeway.
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Second, the parties have scheduled a mediation session with experienced mediator
Michael Dickstein for August 14, 2015. In connection with this mediation, the parties intend to
exchange ample informal discovery in order to permit each side to fully evaluate and
understand the basis for the claims and defenses at issue in this matter. The parties believe that
the preparation and submission of a Joint Status Report on July 13, 2015 would be premature
and would impose unnecessary costs and expense upon the parties, given the attempt to resolve
this action early, before attorneys’ fees and costs make resolution more difficult or impossible.
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Third, because this action is filed as a Class Action, it may well take more than one
mediation session for the parties to fully address all required issues to effectuate a settlement,
even assuming that the parties reach agreement on the basic contours of a resolution of this
action.
Accordingly, the parties respectfully ask the Court to continue their time to submit a
Joint Status Report in this action from July 13, 2015 to and including September 15, 2015.
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Dated: July 10, 2015.
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MELLEN LAW FIRM
MATTHEW MELLEN
JESSICA GALLETA
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By ___________/s/_______________
Attorneys for Plaintiffs
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Dated: July 10, 2015.
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DILLINGHAM & MURPHY
JOHN N. DAHLBERG
WILLIAM F. MURPHY
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By ____________/s/______________
Attorneys for Defendant Safeway Inc.
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//
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PAGE 2 - CASE NO. 1:15 CV 00732 JAM MJS
STIP/ORDER RE: JOINT STATUS REPORT
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Dated: July 10, 2015.
OGLETREE DEAKINS NASH SMOAK
& STEWART, P.C.
KEVIN P. HISHTA
A. CRAIG CLELAND
MARGARET S. HANRAHAN
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ROBERT A. JONES
CAROLYN B. HALL
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By _____________/s/__________________
Attorneys for Defendant Flowers Baking
Co. of California, LLC
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ORDER
The Court, having reviewed the matters submitted in connection with this Stipulation
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for and [Proposed] Order, and Good Cause appearing, hereby ORDERS that the parties’ time to
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submit a Joint Status Report pursuant to the Court’s June 11, 2015 order is extended to
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September 15, 2015.
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Dated: July 10, 2015
/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE
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STIP/ORDER RE: JOINT STATUS REPORT
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