Herrera et al v. Flowers Baking Co. of Modesto, LLC , et al.,

Filing 25

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 02/05/2024 SETTING the Following Briefing Schedule: Motions for Summary Judgment or Partial Summary Judgment due by 02/09/2024; Oppositions due by 03/08/2024; and Replies in support of their Motions due by 03/22/2024. Motions for Summary Judgment or Partial Summary Judgment shall be noticed for 04/01/2024 at 1:30 p.m. The Pretrial Conference is CONTINUED to 7/15/2024 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb and the Jury Trial is CONTINUED to 10/8/2024 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Lopez, K)

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JARED L. PALMER, CA Bar No. 287974
[e-mail]
HEIDI G. KIM, CA Bar No. 306641
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Embarcadero Center, Suite 900
San Francisco, CA 94111
Telephone:
415-442-4810
Facsimile:
415-442-4870
ALEXANDER M. CHEMERS, CA Bar No. 263726
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone:
213-239-9800
Facsimile:
213-239-9045

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Attorneys for Defendants
FLOWERS BAKING CO. OF MODESTO, LLC, FLOWERS
BAKING CO. OF CALIFORNIA, LLC, and FLOWERS BAKING
CO. OF STOCKTON, LLC

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[Additional Counsel Below]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMY HERRERA, an individual, JH
DISTRIBUTORS CORPORATION, a California
Corporation, BRIAN BOTELHO, an individual,
ALL PRO BAKERY DISTRIBUTING INC., a
California corporation, CHARLES LARAY
DAVIS, an individual, LA RAY DAVIS
BREAD INC, a California corporation, KEVIN
DENSMORE, an individual, DENSMORE
DISTRIBUTION INC, ALEXANDRIA
GUYTON, an individual, GUYTON GIRL
DISTIBUTIONS INC, a California corporation,
MICHAEL HERNANDEZ, an individual,
HERNANDEZ DISTRIBUTION INC, a
California Corporation, DAVID MUNOZ, an
individual, EARLY BIRD DELIVERY, a
California corporation, ANTHONY PORRECA,
an individual, BREAD RAXX INC., a California
Corporation, FERNANDO RAMIREZ, an
individual, SOFT AND SMOOTH
DELIVERIES INC, a California Corporation,
SYLVIE SERRANO, an individual, SERRANO
INC, a California Corporation, ALEJANDRO
SOLETA, an individual, ALJAND
DISTRIBUTING INC, a California corporation,

Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO
CONTINUE BRIEFING ON THE
PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL
PRETRIAL CONFERENCE AND JURY
TRIAL
Date:
Time:
Location:
Complaint Filed: September 23, 2021
Trial Date:
None Set
Judge:
Hon. William B. Shubb

Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL

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ANTHONY TAVAREZ, an individual, BIG
TIME DISTRIBUTING, a California
corporation, FRANCISCO TROVAO, and an
individual, THUNDER BREAD INC, a
California corporation, HAROLD WILSON, an
individual, and HAROLD K WILSON III
INCORPORATED, a California Corporation,

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Plaintiffs,
v.
FLOWERS BAKING CO. OF MODESTO,
LLC; FLOWERS BAKING CO. OF
CALIFORNIA, LLC; FLOWERS BAKING CO.
OF STOCKTON, LLC; and DOES 1 through
100, inclusive,

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Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL

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FRANK L. TOBIN, CA Bar No. 166344
[e-mail]
KEENAN O’ CONNOR, CA Bar No. 311800
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Telephone:
858-652-3100
Facsimile:
858-652-3101
KEVIN P. HISHTA (Pro Hac Vice)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
191 Peachtree Street, N.E., Suite 4800
Atlanta, GA 30303
Telephone:
404.881.1300
Facsimile:
404.870.1732
Attorneys for Defendants
FLOWERS BAKING CO. OF MODESTO, LLC, FLOWERS BAKING CO. OF CALIFORNIA,
LLC, and FLOWERS BAKING CO. OF STOCKTON, LLC

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Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL

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RECITALS

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Plaintiffs Sylvie Serrano and Serrano Inc. (“Plaintiffs”) and Defendants Flowers Baking

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Co. of Modesto, LLC, Flowers Baking Co. of California, LLC, and Flowers Baking Co. of

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Stockton, LLC (“Defendants”) (collectively, the “Parties”) make the following recitals:

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1.

On April 21, 2022, the Court issued a Status (Pretrial Scheduling) Order that

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required “[a]ll motions, except motions for continuances, temporary restraining orders, or other

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emergency applications, shall be filed on or before June 12, 2023. (ECF No. 9 at p. 4:13-15). The

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Status (Pretrial Scheduling) Order further required that “[a]ll motions shall be noticed for the next

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available hearing date.” (Id. at p. 4:15-16.) The Status (Pretrial Scheduling) Order set a Final

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Pretrial Conference for August 28, 2023, at 1:30 p.m. and a Jury Trial for October 31, 2023, at 9:00

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a.m. (Id. at p. 4:21-5:23.)

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2.

Pursuant to stipulation, the Court subsequently continued the June 12, 2023, motion

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filing deadline to February 9, 2024. (ECF No. 12 at p. 7:10-11.) The Court also continued the

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Final Pretrial Conference date from August 28, 2023, to April 22, 2024, at 1:30 p.m. and the date

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of the Jury Trial from October 31, 2023, to June 25, 2024, at 9:00 a.m. (Id. at p. 7:12-13.)

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3.

On January 30, 2024, Counsel for the Parties met and conferred and agreed that a

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joint hearing date and modified briefing schedule to accommodate their cross-motions for summary

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judgment or partial summary judgment would provide for judicial economy and allows the Parties

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to fully brief their respective positions.

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4.

On January 31, 2024, counsel for the Parties jointly called the Court’s Courtroom

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Deputy pursuant to the Court’s Standard Information to inquire about continuing the hearing date

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from the next available hearing date to one that would allow the Parties to file their respective

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summary judgment motions on or before February 9, 2024, file their respective oppositions on or

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before March 8, 2024, and their respective reply briefs on or before March 22, 2024. The Parties

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left a voicemail for the Clerk and followed up with an email.

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5.

The Court Clerk responded to the Parties’ January 31, 2024 email that same day and

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indicated the Court could hear the Parties’ cross-motions for summary judgment or partial

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summary judgment on April 1, 15, or 29, 2024, and informed the Parties that they would also need
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Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL

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to request continuing the dates for the April 22, 2024 Final Pretrial Conference and the June 25,

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2024 Trial in their request to continue the briefing schedule on their cross-motions for summary

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judgment or partial summary judgment. The Court Clerk informed the Parties that if the motions

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were heard in April, the a then the Final Pretrial Conference could be conducted on July 1 or 15,

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2024 at 1:30 p.m. followed by a Trial date of September 24, 2024, or October 8, 2024, at 9:00 a.m.

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The Parties emailed the Court Clerk on February 2, 2024, to inform the Court of their intention to

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file this Stipulation with an April 1, 2024, hearing date for the Parties’ cross-motions and request

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the July 15, 2024 Final Pretrial Conference Date and a Trial date of October 8, 2024.

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6.

Pursuant to L.Rs. 144 and 230, there have been no requests to continue briefing on

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the Parties’ dispositive motions or the hearing date for said motions. The prior request to extend the

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Final Pretrial Conference date of August 28, 2023, and the Jury Trial date of October 31, 2023,

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resulted in an approximately six-month extension of the Final Pretrial Conference date to April 22,

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2024, and an approximately eight-month continuance of the Jury Trial date to June 25, 2024.

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7.

Given that this case involves the ABC and Borello tests for independent contractor

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classification, the Parties respectfully request that the Court modify the briefing schedule and

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continue the Parties’ briefing and hearing date pursuant to L.Rs. 144 and 230. There is good cause

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for granting this short extension as “[p]ublic policy favors disposition of cases on the merits.”

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Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002). The extension will allow the parties to

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fully brief the issues with all of the available information.

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STIPULATION

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NOW, THEREFORE, Plaintiffs and Defendants stipulate as follows:

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1.

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The Parties will file their motions for summary judgment or partial summary

judgment on or before February 9, 2024.

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2.

The Parties will file their oppositions on or before March 8, 2024.

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3.

The Parties will file their replies in support of their motions for summary judgment

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or partial summary judgment on or before March 22, 2024.
4.

The hearing on the Parties’ motions for summary judgment or partial summary

judgment will be held on April 1, 2024, at 1:30 p.m. or another date in April that is convenient for
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Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL

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the Court.

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5.

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The Final Pretrial Conference date of April 22, 2024, at 1:30 p.m. is continued to

July 15, 2024 at 1:30 p.m.

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9:00 a.m.

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IT IS SO STIPULATED.

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DATED: February 2, 2024

The Jury Trial date of June 25, 2024, at 9:00 a.m. is continued to October 8, 2024 at

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

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By: /s/ Jared L. Palmer
JARED L. PALMER
ALEXANDER M. CHEMERS
HEIDI G. KIM
FRANK TOBIN
KEENAN O’ CONNOR
KEVIN P. HISHTA
Attorneys for Defendants
FLOWERS BAKING CO. OF MODESTO,
LLC, FLOWERS BAKING CO. OF
CALIFORNIA, LLC, and FLOWERS
BAKING CO. OF STOCKTON, LLC

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DATED: February 2, 2024

KELLER GROVER LLP

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By: /s/ Robert W. Spencer
ERIC A. GROVER
ROBERT W. SPENCER
Attorneys for Plaintiffs

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SIGNATURE ATTESTATION
I attest that I have obtained concurrence in the filing of this document from the other
signatories in compliance with Local Rule 131(e).

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Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL

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DATED: February 2, 2024

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

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By: /s/ Jared L. Palmer
JARED L. PALMER
Attorneys for Defendants

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ORDER

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By stipulation and agreement of Plaintiffs Sylvie Serrano and Serrano Inc. (“Plaintiffs”)

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and Defendants Flowers Baking Co. of Modesto, LLC, Flowers Baking Co. of California, LLC,

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and Flowers Baking Co. of Stockton, LLC (“Defendants”) (collectively, the “Parties”), and for

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good cause shown, the Court sets the following briefing schedule for the Parties’ motions for

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summary judgment or partial summary judgment and continues the Final Pretrial Conference and

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Jury Trial dates as follows:

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1.

The Parties shall file their motions for summary judgment or partial summary

judgment on or before February 9, 2024.

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2.

The Parties shall file their oppositions on or before March 8, 2024.

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3.

The Parties shall file their replies in support of their motions for summary judgment

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or partial summary judgment on or before March 22, 2024.
4.

The hearing on the Parties’ motions for summary judgment or partial summary

judgment and/or summary adjudication shall be noticed for April 1, 2023, at 1:30 p.m.
5.

The Final Pretrial Conference date of April 22, 2024, at 1:30 p.m. is continued to

July 15, 2024 at 1:30 p.m.
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The Jury Trial date of June 25, 2024, at 9:00 a.m. is continued to October 8, 2024

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at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: February 5, 2024

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Case No. 2:21-cv-02217-WBS-CKD
STIPULATION AND ORDER TO CONTINUE BRIEFING ON THE PARTIES’ MOTIONS FOR SUMMARY
JUDGMENT AND DATES OF FINAL PRETRIAL CONFERENCE AND JURY TRIAL