Porreca et al v. Flowers Baking Co. of California, LLC et al

Filing 39

STIPULATION and ORDER signed by Judge John A. Mendez on 9/15/15 re: 38 ORDERING that the submission date for the joint status report is CONTINUED to 9/17/15. (Meuleman, A)

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Robert A. Jones, CA Bar No. 107839
[e-mail]
Carolyn B. Hall, CA Bar No. 212311
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870

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Kevin P. Hishta, Pro Hac Vice
[e-mail]
A. Craig Cleland, Pro Hac Vice
[e-mail]
Margaret S. Hanrahan, Pro Hac Vice
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
191 Peachtree Street, NE, Suite 4800
Atlanta, GA 30303
Telephone:
404.881.1300
Facsimile:
404.870.1732

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Attorneys for Defendant FLOWERS BAKING CO. OF
CALIFORNIA, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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ANTHONY PORRECA, an individual, and on
behalf of all others similarly situated, et al.,
Plaintiffs,

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Case No. 1:15-cv-00732-JAM-MJS

vs.
FLOWERS BAKING CO. OF CALIFORNIA,
LLC, a limited liability company; and Does 1
through 100, inclusive,

STIPULATION FOR AN ORDER
CONTINUING SUBMISSION DATE FOR
JOINT STATUS REPORT TO
SEPTEMBER 17, 2015

Defendants.

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Case No. 1:15-cv-00732-JAM-MJS

STIPULATION FOR AN ORDER CONTINUING SUBMISSION DATE FOR JOINT STATUS REPORT

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1.

Plaintiffs, by and through their counsel of record, and Defendants FLOWERS

2 BAKING CO. OF CALIFORNIA, LLC, a limited liability Company, stipulate that the Court may
3 enter an order continuing the parties’ time to prepare and submit a Joint Status Report, as required
4 by the Court’s order dated July 13, 2015, from September 15, 2015 through and including
5 September 17, 2015. The parties believe there is good cause for the Court to enter such an order,
6 for at least the following reasons:
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2.

First, the parties had previously scheduled a mediation with experienced mediator

8 Michael Dickstein, Esq., to take place in San Francisco, California on September 28, 2015.1 Due to
9 unanticipated circumstances making meaningful mediation not possible at the current time, on
10 September 14, 2015, Defendants timely informed Plaintiffs that they had to cancel the previously11 scheduled mediation. Defendants subsequently informed the mediator of the same. The parties had
12 not previously prepared a Joint Status Report because, as noted in their Stipulation dated July 13,
13 2015, the parties believed it would be premature to do so prior to mediation.
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3.

Immediately after the mediation was cancelled, the parties began working on a Joint

15 Status Report outlining the Nature of the Case, Progress of Service, Amendments, and other
16 information required to be in the Joint Status Report in this District. However, the parties have
17 been unable to complete their preparation of this Joint Report following this recent discussion.
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IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:

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Accordingly, the parties hereby stipulate to extend the date set forth in the Court’s July 13,

20 2015 order and respectfully request that the Court continue their time to submit a Joint Status
21 Report in this action from September 15, 2015 through and including September 17, 2015.
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The original mediation date of August 14, 2015 was rescheduled to September 28, 2015.
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Case No. 1:15-cv-00732-JAM-MJS

STIPULATION FOR AN ORDER CONTINUING SUBMISSION DATE FOR JOINT STATUS REPORT

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IT IS SO STIPULATED.

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DATED: September 15, 2015

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

By: /s/ Carolyn B. Hall
Robert A. Jones
Carolyn B. Hall
Kevin P. Hishta, Pro Hac Vice
A. Craig Cleland, Pro Hac Vice
Margaret S. Hanrahan, Pro Hac Vice

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Attorneys for Defendant FLOWERS BAKING CO.
OF CALIFORNIA, LLC

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MELLEN LAW FIRM

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By: /s/ Sarah E. Adelaars (as authorized on 9/15/15)
Matthew Mellen
Sarah E. Adelaars

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ORDER

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Based on the foregoing stipulation and for good cause appearing thereon, IT IS SO
ORDERED.
September 15, 2015

/s/ John A. Mendez_______________________
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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22402818.1

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Case No. 1:15-cv-00732-JAM-MJS

STIPULATION FOR AN ORDER CONTINUING SUBMISSION DATE FOR JOINT STATUS REPORT