Bibo et al v. Federal Express Inc.

Filing 172

STIPULATION AND ORDER to Continue Joint Case Management Conference re 171 . The parties may appear by telephone for further Case Management Conferences, unless otherwise directed by the Court. Case Management Statement due 4/30/2012. Further Case Management Conference re-set for 5/7/2012 at 1:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 02/27/2012. (tmi, COURT STAFF) (Filed on 2/28/2012)

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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,

Case No. C 07-02505 THE EDL
STIPULATION TO CONTINUE THE JOINT
CASE MANAGEMENT CONFERENCE AND
PROPOSED ORDER THEREON
CMC: March 5, 2012
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 March 5, 2012 at 1:30 p.m.

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WHEREAS at the prior Case Management Conference on August 1, 2011, the Court

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suggested that if nothing has occurred in the Brinker v. Superior Court matter, which addresses the

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substantive law on meal and rest breaks, the parties may file a stipulation to continue the Case

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Management Conference 60-90 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 was thus anticipated in early February 2012 and so the parties suggested March 5, 2012

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for the next Case Management Conference to allow the parties a short period of time after the

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anticipated publication of Brinker to analyze it and prepare the Joint Case Management

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Statement.

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submission to allow post-argument briefing and changed the submission date to January 13,

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2012. A decision is now expected around April 12, 2012.

However, on December 14, 2011, the California Supreme Court vacated the

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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 May 7, 2012, if such date is

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convenient for the Court, or the first available date thereafter. The Joint Case Management

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Conference Statement will be filed seven (7) days before the conference. The parties may appear

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by telephone for further Case Management Conferences, unless otherwise directed by the Court.

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Counsel for Defendant shall inital the call and then conference in the Court. If any party desires

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to make a personal appearance at a Case Management Conference, that party shall notify
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STIP TO CONTINUE JOINT CMC
C07-02505 TEH EDL

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

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Management Conference.

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Dated: February 27, 2012

Dated: February 27, 2012

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FOR PLAINTIFFS:

FOR DEFENDANT:

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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
PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Case Management

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

The Joint Case

Management Conference Statement is due seven (7) days before the conference. The parties
may appear by telephone for further Case Management Conferences, unless otherwise directed
by the Court. Counsel for Defendant shall initiate the call and then conference in the Court. If
any party desires to make a personal appearance at a Case Management Conference, that party
shall notify opposing counsel and the Court’s Calendar Clerk/Courtroom Deputy prior to the date
of the Case Management Conference.

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February
SIGNED this ____ day of __________________, 2012.
___________________________________
United States District Judge
HONORABLE THELTON E. HENDERSON

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STIP TO CONTINUE JOINT CMC
C07-02505 TEH EDL