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

Filing 82

STIPULATION and ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER; Dispositive Motion Hearing set for 9/4/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Pretrial Conference set for 11/13/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Trial set for 1/8/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Michael J. Seng on 10/10/2017. (Bernacchi, M)

1
2
3
4
5
6
7
8

ERIC A. GROVER (SBN 136080)
[e-mail]
ELLYN MOSCOWITZ (SBN 129287)
[e-mail]
ROBERT W. SPENCER (SBN 238491)
[e-mail]
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]

12

SCOT BERNSTEIN (SBN 94915)
[e-mail]
LAW OFFICES OF SCOT D. BERNSTEIN,
A PROFESSIONAL CORPORATION
101 Parkshore Drive, Suite 100
Folsom, California 95630
Telephone: [phone]
Facsimile: [phone]

13

Attorneys for Plaintiffs

9
10
11

MATTHEW MELLEN (SBN 233350)
[e-mail]
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16

ANTHONY PORRECA, et al.,

CASE NO. 1:15-cv-00732-DAD-MJS

17
Plaintiffs,
18
v.

STIPULATION AND ORDER TO
CONTINUE TRIAL AND MODIFY
SCHEDULING ORDER

19
20
21

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

22
23

Defendants.

Complaint Filed:
Trial Date:
Judge:

May 12, 2015
June 19, 2018
Hon. Dale A. Drozd

24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER
CASE NO. 1:15-CV-00732-DAD-MJS

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Plaintiffs ANTHONY PORRECA, an individual; BREAD RAXX, INC., a business entity;
DAVID AGUERO, an individual; AGUERO, INC., a business entity; CHRISTIAN ANGULO, an
individual; CHRIS ANGULO INC., a business entity; GEREME BARRETT, an individual;
DONALD BODAN JR, an individual; POMPEII DISTRIBUTION INC., a business entity;
CHRISTIAN CABICO, an individual; C.I. CABICO, INC., a business entity; DENNIS F.
CEKLOVSKY, II, an individual; DFC DISTRIBUTING COMPANY, INC., a business entity;
ARTURO GONZALEZ, an individual; GONZALEZ AND SON INC., a business entity; CARLOS
GONZALEZ, an individual; CCGE, INC., a business entity; ERIC GUYTON, an individual; TIM
JACOBUS, an individual; SCOTT MEDEIROS, an individual; SM DISTRIBUTING, INC., a
business entity; KHANG NGUYEN, an individual; DAVID PADIA, an individual; THEE BAKERY
CORP., a business entity; NAZAL PARVIN, an individual; PARVIN, INC., a business entity;
NICHOLAS SANCHEZ, an individual; SANCHEZ DISTRIBUTING, INC., a business entity;
KEVIN SENA, an individual; K. SENA DISTRIBUTION, INC., a business entity; WOON TAM, an
individual; and T&J DISTRIBUTION, INC., a business entity (collectively, the “Represented

Plaintiffs”) and Defendant Flowers Baking Co. of California, LLC (“Defendant”), by and through
their undersigned counsel, hereby respectfully submit the following Stipulation and [Proposed]
Order to Continue Trial and Modify Scheduling Order. As outlined below, the Parties request
that the trial be continued from June 19, 2018 to a date in December 2018, to permit the Parties to
complete the remaining discovery and allow for time to parties in this case and Brownfield, et al.
v. Flowers Baking Co. of California, LLC, USDC ED CA Case No. 2:15-cv-02034-JAM-AC
(“Brownfield”) to engage in a global mediation before the deadline to complete costly expert
reports and the last day to file dispositive motions.1

23
24
25
26

By Order dated December 8, 2016, the Court set the trial date for June 19, 2018. Since
that time, the Parties in this case and Brownfield have engaged in extensive discovery, including
the taking of 27 depositions. The Parties expect to have all non-expert discovery completed by
December 31, 2017. With discovery winding down, the parties have met and conferred and

27
1

28

The Brownfield case involves seven individual plaintiffs and several related entities. Counsel
for the parties herein represent the parties in Brownfield.
-1STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 1:15CV-00732-DAD-MJS

1
2
3

agreed to attempt a global mediation of all claims and causes of action in both this case and
Brownfield. The Parties are currently working on getting a mediation set over two or three days
in the first quarter of 2018.2

4
5
6
7
8
9
10

In the meantime, the Parties would like to avoid what collectively would be a six-figure
expense to engage experts to prepare disclosures and reports by the current October 2, 2017
deadline. The Parties would rather focus on possible settlement and only turn to the expert
disclosures in the event not all of the individual Plaintiffs resolve their actions through mediation.
Similarly, the Parties would like to save the time and expense of preparing and filing dispositive
motions by the current December 22, 2017 deadline, as their respective resources would be better
spent attempting to resolve all or least some of the plaintiffs’ claims in the two cases.

11

STIPULATION

12
13

WHEREAS, the Parties have been actively and diligently engaged in discovery,
cooperatively conducting extensive discovery without the need of court intervention;

14
15
16

WHEREAS, the Parties have conducted extensive written discovery, including
propounding and responding to interrogatories, requests for admission and requests for
production of documents;

17

WHEREAS, the Parties have produced nearly 500,000 pages of documents;

18
19
20

WHEREAS, 27 depositions have been conducted, some of which may require additional
time to complete and at least another eleven individual depositions and 30(b)(6) depositions are
being scheduled for the coming months;

21
22

WHEREAS, with discovery winding down, the Parties seek to engage in a productive
mediation in the first quarter of 2018;

23
24

WHEREAS, the Court in Brownfield has approved a request to continue the trial date and
other deadlines in that case, with a new trial date of October 29, 2018 (Brownfield Dkt. 49);

25
26

WHEREAS, for the reasons outlined above, the Parties request that that the deadlines for
disclosing experts, disclosing rebuttal experts, the discovery and expert discovery cutoff dates,

27
28

2

The mediators the parties are considering have availability in the first quarter of 2018.
-2-

STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 1:15CV-00732-DAD-MJS

1

and the dispositive motion filing and hearing deadlines all be continued, as set forth below;

2
3

WHEREAS, for the reasons outlined above, the Parties request that the June 19, 2018 trial
date be continued to a date on or after December 3, 2018; and

4

NOW THEREFORE, the Parties agree and stipulate to the new deadlines below:

5
Current Deadline:

New Deadline:

Expert Disclosures:

October 2, 2017

June 1, 2018

Supplemental/Rebuttal Discl:

October 16, 2017

June 15, 2018

Expert Discovery Cutoff:

November 22, 2017

July 13, 2018

Discovery Cutoff:

November 22, 2017

December 31, 2017

Last Day to File Dispositive Motions:

December 22, 2017

July 27, 2018

Hearing Date for Dispositive Motions

February 16, 2018 at 9:30 a.m.

TBD by the Court

Mediation Completion Date:

February 23, 2018

March 31, 2018

Final Pretrial Conference:

April 23, 2018 at 3:30 p.m.

TBD by the Court

Trial:

June 19, 2018 at 1:00 p.m.

TBD by the Court

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 1:15CV-00732-DAD-MJS

1
2

Dated: September 25, 2017

3

KELLER GROVER LLP

By /s/Eric A. Grover
ERIC A. GROVER
ROBERT SPENCER

4
5

Attorneys for Plaintiffs

6
7
8

Dated: September 25, 2017

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

9
By /s/Brian D. Berry
BRIAN D. BERRY
JARTED L. PALMER

10
11

Attorneys for Defendant
FLOWERS BAKING CO. OF CALIFORNIA,
LLC

12
13
14
15

SIGNATURE ATTESTATION

16
17

I attest that I have obtained concurrence in the filing of this document from the other signatories.

18
19

Dated: September 25, 2017

KELLER GROVER LLP

20
21
22
23

By /s/Eric A. Grover
ERIC A. GROVER
ROBERT SPENCER
Attorneys for Plaintiffs

24
25
26
27
28
-4STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 1:15CV-00732-DAD-MJS

1
ORDER

2
3
4
5

Pursuant to the foregoing Stipulation and good cause having been shown, the
Scheduling Order in this case is modified to establish the following new dates and
deadlines, but in no other respect:

6
Event:

New Deadline:

Expert Disclosures:

June 1, 2018

Supplemental/Rebuttal Discl:

June 15, 2018

Expert Discovery Cutoff:

July 13, 2018

Discovery Cutoff:

December 31, 2017

7
8
9
10
11
12
13

Last Day
Motions:
Hearing
Motions

to

File

Dispositive July 27, 2018

Date

for

Dispositive

14

September 4, 2018, at 9:30
a.m.

15

Mediation Completion Date:

November 12, 20183

16

Final Pretrial Conference:

November 13, 2018, at 1:30
p.m.

17
Trial:
18

January 8, 2019, at 8:30
p.m.

19
20
21
22
23
24
25
26
27
3

28

Good faith mediation must be held before the pretrial conference, but mediation efforts otherwise should not end
prematurely.

-5STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 1:15CV-00732-DAD-MJS

1

IT IS SO ORDERED.

2
3
4

Dated:

October 10, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-6STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 1:15CV-00732-DAD-MJS