Botonis et al v. Bimbo Bakeries USA, Inc.

Filing 17

STIPULATION and ORDER signed by District Judge Daniel J. Calabretta on 05/19/23 CONTINUING the deadline to file the Motion for Preliminary Approval to 05/25/23. (Licea Chavez, V)

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COSTA KERESTENZIS, SBN 186125
SARAH S. KANBAR, SBN 315443
BEESON, TAYER & BODINE, APC
520 Capitol Mall, Ste. 300
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Plaintiffs
Tim Botonis and Liam Patrick Meikle
BRIAN FAHY, SBN 266750
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue, Twenty-Second Floor
Los Angeles, California 90071-3132
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendant
Bimbo Bakeries USA, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIM BOTONIS, LIAM PATRICK MEIKLE,
on behalf of themselves and all others similarly
situated,

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Plaintiffs,

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v.
BIMBO BAKERIES USA, INC. and DOES
ONE through TEN,
Defendants.

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Case No. 2:22-CV-01453-DJC-DB
JOINT STIPULATION TO REQUEST
ONE-WEEK EXTENSION OF DEADLINE
TO FILE UNOPPOSED MOTION FOR
PRELIMINARY APPROVAL AND
ADVISE RE STATUS OF SETTLEMENT
Judge:
Complaint Filed:
Trial Date:

Daniel J. Calabretta
April 11, 2023
N/A

Plaintiffs Tim Botonis and Liam Patrick Meikle (“Plaintiffs”) and Defendant Bimbo Bakeries,

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USA, Inc. (collectively “the Parties”) request from the Court a brief, one-week extension of the

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deadline to file an unopposed Motion for Preliminary Approval or provide a status update regarding

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the settlement.

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//

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JOINT STIPULATION TO REQUEST ONE-WEEK EXTENSION OF DEADLINE TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL AND ADVISE RE STATUS OF
SETTLEMENT
Case No. 2:22-cv-01453-DJC-DB

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1186638.docx

(1647-0001)

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Good cause exists for the requested continuance. As the Parties had previously advised the
Court (see Dkt. Nos. 5, 11, 14), the Parties participated in a mediation with mediator John Hyland on
January 17, 2023. Following the mediation, the mediator provided a proposal, which the Parties
agreed to in principle as a framework for the settlement.

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The Parties subsequently worked to finalize the settlement related documents and obtain
updated class data needed to finalize various aspects of the settlement. To afford sufficient time to
gather the necessary information needed for finalizing the settlement documents, the Parties
requested additional time to file the Motion for Preliminary Approval and related documents. (See
Dkt. No. 14.) The Court granted the Parties’ request for a 30-day extension to file the Motion for
Preliminary Approval or advise regarding the status of settlement and set May 18, 2023 as the date to
file the Motion for Preliminary Approval or inform the Court about the status of settlement. (See
Dkt. 15.)

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Since the Court’s Order, the Parties obtained the necessary updated class data, met and
conferred regarding the same, and have made significant progress working cooperatively to finalize
the Settlement Agreement and prepare the unopposed Motion for Preliminary Approval with the
supporting declarations. The Parties anticipate finalizing and filing these documents shortly.

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Therefore, to afford the Parties the additional time needed to finalize the long-form Settlement
Agreement and the unopposed Motion for Preliminary Approval and supporting documents, the
Parties request that the Court continue the deadline to file the unopposed Motion for Preliminary
Approval by one week to May 25, 2023.

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Given the Court’s available motion hearing dates in late July and August 2023, the requested
continuation to May 25, 2023 will not impact the Parties’ ability to comply with the required 35-day
notice period under Local Rule 230(b) for Plaintiffs’ unopposed Motion for Preliminary Approval.
//
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//

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JOINT STIPULATION TO REQUEST ONE-WEEK EXTENSION OF DEADLINE TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL AND ADVISE RE STATUS OF
SETTLEMENT
Case No. 2:22-cv-01453-DJC-DB

1186638.docx

(1647-0001)

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This is the second request for an extension requested by the Parties.

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Dated: May 18, 2023

BEESON, TAYER & BODINE, APC

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By:

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/s/ Sarah S. Kanbar
SARAH S. KANBAR
Attorneys for Tim Botonis and Liam Patrick
Meikle

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Dated: May 18, 2023

MORGAN, LEWIS BOCKIUS LLP

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By:

/s/ Brian Fahy (as authorized on May 18,
2023)
BRIAN FAHY
Attorneys for Bimbo Bakeries USA, Inc.

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JOINT STIPULATION TO REQUEST ONE-WEEK EXTENSION OF DEADLINE TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL AND ADVISE RE STATUS OF
SETTLEMENT
Case No. 2:22-cv-01453-DJC-DB

1186638.docx

(1647-0001)

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ORDER
Based on the Parties’ Joint Stipulation and good cause shown:
IT IS HEREBY ORDERED:
The deadline to file the Motion for Preliminary Approval or inform the Court regarding the
status of the existing settlement is hereby continued from May 18, 2023 to May 25, 2023.

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IT IS SO ORDERED:

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Dated: May 19, 2023

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION TO REQUEST ONE-WEEK EXTENSION OF DEADLINE TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL AND ADVISE RE STATUS OF
SETTLEMENT
Case No. 2:22-cv-01453-DJC-DB

1186638.docx

(1647-0001)