Cathcart et al v. Sara Lee Corporation et al

Filing 122

ORDER APPROVING JOINT STIPULATION RE: RESCHEDULING OF PRELIMINARY APPROVAL MOTION FILING DEADLINE. The filing deadline is continued from June 22, 2012 to June 29, 2012. Signed by Judge Maxine M. Chesney on June 20, 2012. (mmclc1, COURT STAFF) (Filed on 6/20/2012)

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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

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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, RESCHEDULING OF
PRELIMINARY APPROVAL
Plaintiffs,
MOTION FILING DEADLINE
v.

AND ORDER THEREON

SARA LEE CORPORATION, SARA
LEE BAKERY GROUP,
EARTHGRAINS BAKING
COMPANIES, INC. (formerly sued as
DOE 1) and Does 2 through 20,
Defendants.

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Stipulation Re: Rescheduling of Preliminary Approval Motion Filing Deadline

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STIPULATION
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 Stipulation asking the Court
for a short one (1) week of continuance of the deadline to file Plaintiffs’ forthcoming
Motion for Preliminary Approval papers in support of the Parties’ proposed class and
collective action settlement (“Settlement”).
On May 31, 2012, the Parties reached a settlement of the class and collective
claims asserted by Plaintiffs in this action, executed a Memorandum of Understanding
memorializing the Settlement, and are executing a formal Stipulation of Settlement. At
the Parties’ stipulated joint request, and to accommodate a scheduling conflict affecting
Defendants’ counsel, the Court re-scheduled the hearing on Plaintiffs’ Motion for
Preliminary Approval of the proposed Settlement from July 27, 2012 to August 3, 2012.
[Dkt. No. 120]. While the Parties are working diligently to finalize all the Preliminary
Approval papers, both Parties would benefit from one additional week in order to allow
submission of the most accurate data, agreed upon documents, and fulsome briefing for
consideration to the Court.

Given that the Court already approved a one week

continuance of the Preliminary Approval Hearing, the Parties respectfully request that the
Court likewise continue the filing deadline from June 22, 2012 by one week, until June
29, 2012.

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Stipulation Re: Rescheduling of Preliminary Approval Hearing

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In compliance with General Order No. 45 (X), as filing party, Plaintiffs attest that
all signatories below concur in the filing of this document.

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DATED: June 19, 2012

MORGAN, LEWIS & BOCKIUS LLP
BY: /s/ Justin S. Brooks
Justin S. Brooks
Attorneys for Defendants

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DATED: June 19, 2012

SPIRO MOORE LLP

.

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BY: /s/ Jennifer L. Connor
Jennifer L. Connor
Attorneys for Plaintiffs

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Stipulation Re: Rescheduling of Preliminary Approval Hearing

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[PROPOSED] ORDER

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The Court hereby continues the filing deadline set for Plaintiffs’ Motion for Preliminary
Approval of the proposed class and collective action settlement from June 22, 2012 by one (1)

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week, to June 29, 2012; consistent with the previously granted one week continuance of the
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Preliminary Approval hearing date.
SO ORDERED.
Dated: June 20 , 2012

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.

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MAXINE M. CHESNEY
United States District Judge

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Stipulation Re: Rescheduling of Preliminary Approval Hearing