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

Filing 49

SECOND STIPULATION and ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER signed by District Judge John A. Mendez on 9/11/17. Expert Disclosures New date 6/1/2018. Supplemental/Rebuttal Discl: New date 6/15/18. Discovery Cutoff 12/31/17. Last day to File Dispositive Motions 7/10/2018. Hearing date for Dispositive Motions 8/7/18 at 1:30 P.M. Joint Pretrial Statement due 9/14/18. The Final Pretrial Conference is SET for 9/21/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Trial SET for 10/29/2018 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Mena-Sanchez, L)

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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]
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]

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

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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, DONALD
JOHNSON, an individual,

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SECOND STIPULATION AND ORDER
TO CONTINUE TRIAL AND MODIFY
SCHEDULING ORDER

Plaintiffs,

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CASE NO. 2:15-cv-02034-JAM-AC

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

Complaint Filed:
Trial Date:
Judge:

September 28, 2015
June 18, 2018
Hon. John A. Mendez

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER
CASE NO. 2:15-CV-02034-JAM-AC

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Plaintiffs Craig Brownfield, CA Breadman, Carlos Garibay, Jimmy Herrera, Mike

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Hernandez, Nick Hernandez, Anthony Tavarez, and Donald Johnson (collectively, the

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“Represented Plaintiffs”)1 and Defendant Flowers Baking Co. of California, LLC (“Defendant”)

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(collectively, the “Parties”), by and through their undersigned counsel, hereby respectfully submit

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the following Second Stipulation and [Proposed] Order to Continue Trial and Modify Scheduling

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Order. As outlined below, the Parties request that the trial be continued from June 18, 2018 to a

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date in November 2018, to permit the Parties to complete the remaining discovery and allow for

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time to parties in this case and Porreca, et al. v. Flowers Baking Co. of California, LLC, USDC

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ED CA Case No. 1:15-cv-00732-DAD (“Porreca”) to engage in a global mediation before the

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deadline to complete costly expert reports and the last day to file dispositive motions.2

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By Order dated February 13, 2017, the Court continued the trial date from September 11,

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2017 to June 18, 2018. Since that time, the Parties in this case and Porecca have engaged in

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extensive discovery, including the taking of 27 depositions. The Parties expect to have all non-

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expert discovery completed by December 31, 2017. With discovery winding down, the parties

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have met and conferred and agreed to attempt a global mediation of all clams and causes of action

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in both this case and Porecca. The Parties are currently working on getting a mediation set over

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two or three days in the first quarter of 2018.3

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In the meantime, the Parties would like to avoid what collectively would be a six-figure

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expense to engage experts to prepare disclosures and reports by the current October 2, 2017

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deadline. The Parties would rather focus on possible settlement and only turn to the expert

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disclosures in the event not all of the individual Plaintiffs resolve their actions through mediation.

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Similarly, the Parties would like to save the time and expense of preparing and filing dispositive

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motions by the current January 12, 2018 deadline, as their respective resources would be better

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spent attempting to resolve all or least some of the plaintiffs’ claims in the two cases.

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Plaintiff Sylvie Serrano is not represented by counsel. (Dkt. 27.) Defendant has moved for
Plaintiff Serrano’s action to be dismissed and a ruling on that motion is pending. (See Dkts. 3738, 42, 44.)
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The Porreca case involves 17 individual plaintiffs and 13 related entities. Counsel for the
parties herein represent the parties in Porreca.
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The mediators the parties are considering have availability in the first quarter of 2018.
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER
CASE NO. 2:15-CV-02034-JAM-AC

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

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WHEREAS, the Parties have conducted extensive written discovery, including

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propounding and responding to interrogatories, requests for admission and requests for

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production of documents;

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

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WHEREAS, 27 depositions have been conducted, some of which may require additional

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time to complete and at least another eleven individual depositions and 30(b)(6) depositions are

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

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WHEREAS, for the reasons outlined above, the Parties request that that the deadlines for

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disclosing experts, disclosing rebuttal experts, the discovery and expert discovery cutoff dates,

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

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WHEREAS, for the reasons outlined above, the Parties request that the June 18, 2018 trial
date be continued to a date on or after October 15, 2018; and
NOW THEREFORE, the Parties agree and stipulate to the new deadlines below:

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Current Deadline:

New Deadline:

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Expert Disclosures:

October 2, 2017

June 1, 2018

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Supplemental/Rebuttal Discl:

October 16, 2017

June 15, 2018

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Discovery Cutoff:

November 22, 2017

December 31, 2017

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Last Day to File Dispositive Motions:

January 12, 2018

July 10, 2018

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Hearing Date for Dispositive Motions

February 13, 2018 at 1:30 August 7, 2018 at 1:30
p.m.
p.m.

Joint Pretrial Statement due:

April 13, 2018

September 14, 2018

Final Pretrial Conference:

April 20, 2018 at 10:00
a.m.

September 21, 2018 at
10:00 a.m.

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-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER
CASE NO. 2:15-CV-02034-JAM-AC

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Trial:

June 18, 2018 at 9:00 a.m.

October 29, 2018 at 9:00
a.m.

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Dated: September 8, 2017

KELLER GROVER LLP

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

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Attorneys for Plaintiffs

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Dated: September 8, 2017

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

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By: /s/Brian D. Berry
BRIAN D. BERRY
JARED L. PALMER

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Attorneys for Defendant
FLOWERS BAKING CO. OF CALIFORNIA,
LLC

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

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Dated: September 8, 2017

KELLER GROVER LLP

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

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER
CASE NO. 2:15-CV-02034-JAM-AC

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ORDER

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IT IS SO ORDERED AS MODIFIED BY THE COURT.

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Dated: 9/11/2017

/s/ John A. Mendez_______________
HONORABLE JOHN A. MENDEZ
United States District Court Judge

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31080373.1

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER
CASE NO. 2:15-CV-02034-JAM-AC