Cathcart et al v. Sara Lee Corporation et al

Filing 35

ORDER ON STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO ALLOW AMENDMENT OF PLEADINGS. Plaintiffs may file and serve a Second Amended Complaint no later than ten days from the date of the entry of this order. Defendants shall have leave to f ile an amended answer, responding to plaintiffs' Second Amended Complaint and adding an affirmative defense of preemption no later than fifteen days after service of the Second Amended Complaint. The deadline for discovery as to Motor Carrier exemptions is extended to January 15, 2011. Signed by Judge Maxine M. Chesney on October 7, 2010. (mmclc1, COURT STAFF) (Filed on 10/7/2010)

Cathcart et al v. Sara Lee Corporation et al

Doc. 35

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MAYER BROWN LLP JOHN NADOLENCO (SBN 181128) [e-mail] JEROME JAUFFRET (SBN 159135) [e-mail] 350 South Grand Avenue 25th Floor Los Angeles, CA 90071-1503 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SARA LEE CORPORATION and SARA LEE BAKERY GROUP SPIRO MOSS LLP Ira Spiro (SBN 67641) [e-mail] 11377 W. Olympic Blvd 5th Floor Los Angeles, CA 90064 Telephone: [phone] Facsimile: 310-235-2456 Attorneys for Plaintiffs

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[PROPOSED] ORDER ON STIPULATION FOR LEAVE TO MODIFY SCHEDULING ORDER CASE NO. CV 09-5748 MMC
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DAVID M. CATHCART, JAMES H. WHITEHEAD, ROBERT W. DECKER, DALE BALDISSERI, individually, and on behalf of all others similarly situated, Plaintiff, v. SARA LEE CORPORATION, SARA LEE BAKERY GROUP, and DOES 1 through 20, Defendants.

Case No. CV 09-5748 MMC [PROPOSED] ORDER ON STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO ALLOW AMENDMENT OF PLEADINGS The Honorable Maxine M. Chesney Complaint filed: December 8, 2009

Dockets.Justia.com

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ORDER Good cause appearing, IT IS HEREBY ORDERED as follows: 1. Plaintiffs may file and serve a Second Amended Complaint, in the form attached as Exhibit A to the parties' stipulation filed October 5, 2010, hereto as Exhibit A, by no later than ten days after the date of entry of the Court's Order. 2. Defendants shall have leave to file an amended answer, responding to Plaintiffs'

Second Amended Complaint and adding an affirmative defense of preemption of some or all of Plaintiffs' California law claims by (1) the Federal Aviation Administration Authorization Act (49 U.S.C. § 14501); (2) the federal hours of service statutes and the regulations promulgated pursuant thereto by the Federal Motor Carrier Safety Administration (see 49 U.S.C. §§31502, 31136; 49 C.F.R. pt. 395); and (3) the Fair Labor Standards Act (see 29 U.S.C. § 201 et seq.), by no later than fifteen days after the date of service of the Second Amended Complaint. 3. 15, 2011. 4. The Scheduling Order shall be modified to reflect the above-referenced The deadline for discovery as to Motor Carrier exemptions is extended to January

amendments to the pleadings and discovery extension. DATED: October 7, 2010

__________________ MAXINE M. CHESNEY United States District Judge

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