Cathcart et al v. Sara Lee Corporation et al

Filing 118

ORDER GRANTING JOINT REQUEST; DEEMING PENDING MOTIONS WITHDRAWN WITHOUT PREJUDICE. All pending deadlines are vacated. Plaintiff shall file a motion for preliminary approval of the class settlement by June 22, 2012. The Court shall hold a hearing on the motion for preliminary approval on July 27, 2012. Defendants' motion for leave to amend and plaintiffs' motion for conditional collective certification are deemed withdrawn, without prejudice to refiling in the event the Court does not grant final approval of the settlement. Signed by Judge Maxine M. Chesney on June 4, 2012. (mmclc1, COURT STAFF) (Filed on 6/4/2012)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

MORGAN, LEWIS & BOCKIUS LLP
JOHN S. BATTENFELD (SBN 119513)
300 South Grand Avenue, 22nd Fl.
Los Angeles, CA 90071-3132
Tel: [phone]
Fax: [phone]
email: [e-mail]
MICHAEL J. PUMA (Admitted pro hac vice)
JUSTIN S. BROOKS (Admitted pro hac vice)
1701 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendants Sara Lee Corporation,
Sara Lee Bakery Group and Earthgrains
Baking Companies, Inc.
SPIRO MOORE LLP
IRA SPIRO (SBN 67641)
JENNIFER CONNOR (SBN 241480)
11377 W. Olympic Boulevard, Fifth Fl.
Los Angeles, CA 90064
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO-OAKLAND DIVISION
DAVID M. CATHCART, JAMES H.
Case No. C 09-5748 MMC
WHITEHEAD, ROBERT W. DECKER,
DALE BALDISSERI, individually, and JOINT STIPULATION RE
on behalf of all others similarly situated, NOTICE OF SETTLEMENT AND
REQUEST FOR COURT TO SET
Plaintiffs,
DATE FOR PLAINTIFFS TO FILE
MOTION FOR PRELIMINARY
v.
APPROVAL OF CLASS ACTION
SETTLEMENT
SARA LEE CORPORATION, SARA
LEE BAKERY GROUP,
ORDER GRANTING JOINT REQUEST;
EARTHGRAINS BAKING
DEEMING PENDING MOTIONS
COMPANIES, INC. (formerly sued as
DOE 1) and DOES 2 through 20
WITHDRAWN WITHOUT PREJUDICE
Defendants.

28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

Stipulation Re: Class Action Settlement

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

NOTICE OF SETTLEMENT
Plaintiffs David M. Cathcart, James H. Whitehead, Robert W. Decker, and
Dale Baldissseri (“Plaintiffs”), and Defendants Sara Lee Corporation, Sara Lee
Bakery Group, and Earthgrains Baking Companies, Inc. (“Defendants”)
(collectively, the “Parties”), by and through their respective counsel, respectfully
submit this Notice of Settlement.
In March of 2012, the Parties participated in mediation before mediator
Jeffrey Krivis, Esq. Following the mediation, the parties continued to negotiate,
and on May 31, 2012, they reached a settlement of all class claims asserted by
Plaintiffs in this action and executed a Memorandum of Understanding
memorializing the settlement. The Parties are preparing a formal stipulation of
settlement and notice of settlement to be distributed to putative class members and
plan for Plaintiffs to submit a motion for preliminary approval of the class action
settlement on or before June 22, 2012, with a hearing on the motion for preliminary
approval on or before July 27, 2012, subject to the Court’s availability.
Based upon the foregoing, the Parties respectfully request that the Court
vacate all pending deadlines and set a date for Plaintiffs to file their motion for
preliminary approval of the class action settlement and for a hearing on such
motion.
In compliance with General Order No. 45 (X), as filing party, Defendants
attest that all signatories below concur in the filing of this document.

22
23

DATED: May 31, 2012

MORGAN, LEWIS & BOCKIUS LLP

24
25

BY: /s/ Justin S. Brooks
Justin S. Brooks

26

Attorneys for Defendants

27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

1
Stipulation Re: Class Action Settlement

.

1

DATED: May 31, 2012

SPIRO MOORE LLP

2
3

BY: /s/ Jennifer L. Connor
Jennifer L. Connor

4

Attorneys for Plaintiffs
[PROPOSED] ORDER

5
6
7

.

All pending deadlines are hereby vacated. Plaintiffs shall file a motion for preliminary
approval of the class action settlement by June 22 , 2012. The court shall hold a hearing on the

8
9
10
11
12

motion for preliminary approval on July 27 , 2012.
Defendants' Motion for Leave to Amend Their Answer and plaintiffs' Motion for
Conditional Collective Certification are deemed WITHDRAWN, without prejudice to refiling in
the event the Court does not grant final approval of the settlement.
SO ORDERED.

13
Dated: June 4 , 2012
14
.

15

.

16

MAXINE M. CHESNEY
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
LOS ANGELES

2
Stipulation Re: Class Action Settlement