Bibo et al v. Federal Express Inc.

Filing 170

STIPULATION AND ORDER to Continue the Further Case Management Conference to 3/5/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/28/2011. (tmi, COURT STAFF) (Filed on 11/29/2011)

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SANDRA C. ISOM, Bar No. 157374
FEDERAL EXPRESS CORPORATION
3620 Hacks Cross Road
Building B, Third Floor
Memphis, TN 38125
Telephone:
901-434-8526
Fax No.:
901-434-9271
E-mail: [e-mail]

DANIEL L. FEDER, Bar No. 130867
LAW OFFICES OF DANIEL L. FEDER
807 Montgomery Street
San Francisco, CA 94133
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
MICHAEL VON LOEWENFELDT,
Bar No. 178665
E-mail: [e-mail]
MICHAEL NG, Bar No. 237915
E-mail: [e-mail]
CHERYL LEMA MACKEY (273029)
E-mail: [e-mail]
KERR & WAGSTAFFE LLP
100 Spear Street, 18th Floor
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]

Attorneys for Defendant
FEDERAL EXPRESS CORPORATION

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Attorneys for Plaintiffs
ALEX GALVEZ, MARC GARVEY,
and all others similarly situated

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALEX GALVEZ, an individual, MARC
GARVEY, an individual, and on behalf of
all other similarly situated,

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Plaintiffs,
v.
FEDERAL EXPRESS INC., a Delaware
Corporation, and DOES
1-500, inclusive,

TEH
Case No. C 07-02505 THE EDL
STIPULATION TO CONTINUE THE JOINT
CASE MANAGEMENT CONFERENCE AND
PROPOSED ORDER THEREON
CMC: December 5, 2011
Time: 1:30 p.m.
Trial Date: None Set

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Defendants.

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STIP TO CONTINUE JOINT CMC
C07-02505 TEH EDL

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Plaintiffs and Defendant file this Stipulation to Continue the Joint Case Management
Conference pursuant to Local Rules 7-12 and 16-2(e), based upon the following grounds:

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WHEREAS a Case Management Conference is set for December 5, 2011 at 1:30 p.m.

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WHEREAS at the prior Case Management Conference the Court suggested that if nothing

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has occurred in the Brinker v. Superior Court matter, which addresses the substantive law on meal

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and rest breaks, the parties may file a stipulation to continue the Case Management Conference 60-

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90 days;

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WHEREAS the California Supreme Court heard oral argument in the Brinker case on

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November 8, 2011. Pursuant to the California Supreme Court’s Internal Operating Practices and

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Procedures No. 10, opinions are generally filed within 90 days after submission. A decision in

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Brinker is thus anticipated in early February 2012. The parties thus desire a short period of time

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after its anticipated publication to analyze Brinker and prepare the Joint Case Management

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Statement.

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THEREFORE, pursuant to Local Rules 7-12 and 16-2(e), the parties stipulate and request
as follows:

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That the Case Management Conference be continued to March 5, 2012, if such date is

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convenient for the Court, or the first available date thereafter on or after March 19, 2012. The

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Joint Case Management Conference Statement will be filed seven (7) days before the conference.

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The parties may appear by telephone for further Case Management Conferences, unless

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otherwise directed by the Court. Counsel for Defendant shall inital the call and then conference

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in the Court. If any party desires to make a personal appearance at a Case Management

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Conference, that party shall notify opposing counsel and the Court’s Calendar Clerk/Courtroom

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Deputy prior to the date of the Case Management Conference.

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STIP TO CONTINUE JOINT CMC
C07-02505 TEH EDL

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Dated: November 28, 2011

Dated: November 28, 2011

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FOR PLAINTIFFS:

FOR DEFENDANT:

By: __/s/Michael Von Loewenfeldt
Michael Von Loewenfeldt

By: __/s/Sandra C. Isom___________
Sandra C. Isom

MICHAEL VON LOEWENFELDT
KERR & WAGSTAFFE LLP

SANDRA C. ISOM
FEDERAL EXPRESS CORPORATION

Attorneys for Plaintiffs Alex Galvez,
Marc Garvey, and all others similarly situated

Attorneys for Defendant
Federal Express Corporation

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ORDER ON STIPULATION

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Case Management

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March
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Conference is continued to _______________ _____, 2012, at 1:30 p.m.

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Management Conference Statement is due seven (7) days before the conference. The parties

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may appear by telephone for further Case Management Conferences, unless otherwise directed
initiate
by the Court. Counsel for Defendant shall inital the call and then conference in the Court. If any

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party desires to make a personal appearance at a Case Management Conference, that party shall

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notify opposing counsel and the Court’s Calendar Clerk/Courtroom Deputy prior to the date of

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the Case Management Conference.

The Joint Case

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November
SIGNED this ____ day of __________________, 2011.

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___________________________________
United States District Judge
HONORABLE THELTON E. HENDERSON

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STIP TO CONTINUE JOINT CMC
C07-02505 TEH EDL