Brownfield et al v. Flowers Baking Co. of California, LLC
Filing
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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)
eagrover@kellergrover.com
ELLYN MOSCOWITZ (SBN 129287)
emoscowitz@moscowitzlaw.com
ROBERT W. SPENCER (SBN 238491)
rspencer@kellergrover.com
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: (415) 543-1305
Facsimile: (415) 543-7861
SCOT BERNSTEIN (SBN 94915)
swampadero@sbernsteinlaw.com
LAW OFFICES OF SCOT D. BERNSTEIN,
A PROFESSIONAL CORPORATION
101 Parkshore Drive, Suite 100
Folsom, California 95630
Telephone: (916) 447-0100
Facsimile: (916) 933-5533
MATTHEW MELLEN (SBN 233350)
email@mellenlawfirm.com
MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
San Francisco, California 94111
Telephone: (415) 315-1653
Facsimile: (415) 276-1902
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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
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