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

Filing 34

STIPULATION AND ORDER signed by District Judge John A. Mendez on 2/13/2017 MODIFYING the Pretiral Scheduling Order; ORDERING all counsel to disclose expert witnesses by 10/2/2017 and to disclose rebuttal expert witnesses by 10/16/2017; ORDERING that discovery be completed by 11/22/2017; ORDERING that all dispositive motions be filed by 1/12/2018 and that the hearing on such motions be held on 2/13/2018 at 01:30 PM; ORDERING the parties to file a Joint Pretrial Statement by 4/13/2018; CONTINUING the Final Pretrial Conference to 4/20/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; CONTINUING the Jury Trial to 6/18/2018 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Michel, G.)

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1 2 3 4 Matthew Mellen (Bar No. 233350) Sarah Shapero (Bar No. 281748) MELLEN LAW FIRM One Embarcadero Center, Fifth Floor San Francisco, California 94111 Telephone: (415) 315-1653 Facsimile: (415) 276-1902 5 Attorneys for Plaintiffs 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 CRAIG BROWNFIELD, an individual, and on behalf of all others similarly situated; C.A. BREADMAN, a business entity; CARLOS GARIBAY, an individual; JIMMY HERRERA, an individual; MIKE HERNANDEZ, an individual; NICK HERNANDEZ, an individual; ANTHONY TAVAREZ, an individual; SYLVIE SERRANO, an individual, 16 17 18 19 CASE NO. 2:15-cv-02034-JAM-AC STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER Plaintiffs, v. FLOWERS BAKING CO. OF CALIFORNIA, LLC, a limited liability company; and DOES 1 through 100, inclusive, 20 Defendants. Complaint Filed: Trial Date: Judge: September 28, 2015 September 11, 2017 Hon. John A. Mendez 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 2:15-CV-02034-JAM-AC 1 Plaintiffs Craig Brownfield, CA Breadman, Carlos Garibay, Jimmy Herrera, Mike 2 Hernandez, Nick Hernandez, and Anthony Tavarez (collectively, the “Represented Plaintiffs”)1 3 and Defendant Flowers Baking Co. of California, LLC (“Defendant”), by and through their 4 undersigned counsel, hereby respectfully submit the following Stipulation and [Proposed] Order 5 to Continue Trial and Modify Scheduling Order. As outlined below, the parties request that the 6 trial be continued from September 11, 2017 to a date in late June 2018, to permit the parties to 7 coordinate the discovery deadlines in the instant action with Johnson v. Flowers Baking Co. of 8 California, LLC (USDC ED CA Case No. 1:16-cv-00840-JAM), and Porreca, et al. v. Flowers 9 Baking Co. of California, LLC, USDC ED CA Case No. 1:15-cv-00732-DAD (Porreca Dkt. 73).2 10 The Mellen Law Firm is currently representing the Represented Parties in this case, one 11 plaintiff in the related case Johnson case, and 17 individuals and 13 related entities in the Porecca 12 case. Although it is expected that many of the depositions will be relevant to all three cases, the 13 various case deadlines in the three cases are separated by a number of months. In an effort to 14 better coordinate expert disclosures, motion practice, and discovery in the three cases, the parties 15 wish to have one set of discovery deadlines that apply to all three cases. 16 Moreover, although written discovery is underway and a number of depositions have 17 already been taken, the Mellen Law Firm has had some personnel changes and is otherwise facing 18 a number of staffing challenges in connection with the prosecution of the three cases involving 24 19 individual plaintiffs. Two law firms experienced in wage and hour litigation – Keller Grover LLP 20 and Law Offices of Scot D. Bernstein, A Professional Corporation – have agreed to associate in 21 as counsel; however, the two main attorneys from Keller Grover that would be involved in these 22 actions – Eric A. Grover and Robert Spencer – already have a September 11, 2017 Phase II 23 damage trial set in Alameda County Superior Court. In addition, Mr. Grover has a pre-paid 24 family vacation scheduled for August 4-20, 2017. Unless the trial date is continued, Messers. 25 Grover and Spencer will not be available to try this action. 26 27 1 The Mellen Law Firm no longer represents plaintiff Sylvie Serrano. (Dkt. 27.) The Porreca case involves 17 individual plaintiffs and 13 related entities. Counsel for the parties herein represent the parties in Porreca. -1- 2 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 2:15-CV-02034-JAM-AC 1 STIPULATION 2 WHEREAS, for the reasons outlined above, the parties request that that the deadlines for 3 disclosing experts, disclosing rebuttal experts, and the discovery cutoff date, all be continued to 4 the same dates for each event in the Porreca case, namely October 2, 2017 (expert disclosure), 5 October 16, 2017 (rebuttal expert disclosure), and November 22, 2017 (discovery cutoff), and that 6 the dispositive motion deadline be continued to January 12, 2018, to avoid a flurry of briefing 7 over the 2017 holidays. 8 9 WHEREAS, for the reasons outlined above, the parties request that the September 11, 2017 trial date be continued to a date on or after June 18, 2018. 10 NOW THEREFORE, the parties agree and stipulate to the new deadlines below: 11 Current Deadline: New Deadline: 12 Expert Disclosures: February 17, 2017 October 2, 2017 13 Supplemental/Rebuttal Discl: March 3, 2017 October 16, 2017 14 Discovery Cutoff: April 3, 2017 November 22, 2017 15 Last Day to File Dispositive Motions: May 8, 2017 January 12, 2018 16 Hearing date for dispositive motions: 17 Joint Pretrial Statement due: July 7, 2017 April 13, 2018 18 Final Pretrial Conference: July 14, 2017 at 11:00 a.m. April 20, 2018 at 10:00 a.m. Trial: September 11, 2017 at 9:00 a.m. June 18, 2018 at 9:00 a.m. 19 20 February 13, 2018 at 1:30 p.m. 21 22 23 24 25 26 27 28 -2STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 2:15-CV-02034-JAM-AC 1 Dated: February 13, 2017 MELLEN LAW FIRM 2 3 By /s/Sarah Shapero 4 MATTHEW MELLEN SARAH SHAPERO 5 Attorneys for Plaintiffs 6 7 Dated: February 13, 2017 8 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 9 By 10 /s/Brian D. Berry ROBERT A. JONES BRIAN D. BERRY JARTED L. PALMER 11 12 Attorneys for Defendant FLOWERS BAKING CO. OF CALIFORNIA, LLC 13 14 15 16 SIGNATURE ATTESTATION I attest that I have obtained concurrence in the filing of this document from the other signatories. 17 18 Dated: February 13, 2017 MELLEN LAW FIRM 19 20 21 22 By /s/Sarah Shapero MATTHEW MELLEN SARAH SHAPERO Attorneys for Plaintiffs 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 2:15-CV-02034-JAM-AC 1 ORDER 2 3 IT IS SO ORDERED AS MODIFIED BY THE COURT. 4 5 6 Dated: February 13, 2017 /s/ John A. Mendez_____________ Honorable John A. Mendez United States District Court Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER CASE NO. 2:15-CV-02034-JAM-AC

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