Cathcart et al v. Sara Lee Corporation et al

Filing 44

ORDER APPROVING STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES. Close of discovery on Labor Code sec. 514 and Motor Carrier Act exemptions - March 1, 2011. Deadline to file motion for summary judgment - Mar ch 18, 2011, to be noticed for hearing May 6, 2011. Deadline to file motion for class certification - August 12, 2011, to be noticed for hearing December 9, 2011. Case Management Conference is continued from October 28, 2011 to January 20, 2012. Signed by Judge Maxine M. Chesney on November 12, 2010. (mmclc1, COURT STAFF) (Filed on 11/12/2010)

Cathcart et al v. Sara Lee Corporation et al

Doc. 44

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MAYER BROWN LLP JOHN NADOLENCO (SBN 181128) [e-mail] JEROME JAUFFRET (SBN 159135) [e-mail] KRISTEN ROWSE (SBN 235294) [e-mail] 350 South Grand Avenue 25th Floor Los Angeles, CA 90071-1503 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SARA LEE CORPORATION, SARA LEE BAKERY GROUP and EARTHGRAINS BAKING COMPANIES, INC. 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

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 similarl y situated, Plaintiff,

Case No. CV 09-5748 MMC STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES [PROPOSED] ORDER The Honorable Maxine M. Chesney Complaint filed: December 8, 2009

23 v. 24 25 26 27 28 SARA LEE CORPORATION, SARA LEE BAKERY GROUP, EARTHGRAINS BAKING COMPANIES, INC. (formerly sued as DOE 1) and DOES 2 through 20, Defendants.

STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES CASE NO. CV 09-5748 MMC
28836417

Dockets.Justia.com

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The parties stipulate as set forth in the numbered paragraphs below, based on the following facts: The Scheduling Order (Dkt. No. 33) set the following deadlines: A. Close of discovery on Labor Code § 514 and Motor Carrier Act exemptions: December 1, 2010, now January 15, 2011, per stipulated order of October 7, 2010 (Docket 35); B. Deadline for filing of Defendants' motion(s) for summary judgment on Labor Code § 514 and Motor Carrier Act exemptions: February 4, 2011; C. Deadline for filing Plaintiffs' opposition to above motion(s) and cross-motion: February 25, 2011; D. Deadline for reply on Defendants' motion(s) and opposition to cross-motion: March 4, 2011; E. Hearing on above motion(s): March 25, 2011, 9:00 a.m.; F. Deadline for Plaintiffs to file motion for class certification: May 22, 2011 (a Sunday); G. Deadline for Defendants to file opposition to motion for class certification: July 8, 2011; H. Deadline for Plaintiffs to file reply on motion for class certification: August 26, 2011; I. Hearing on motion for class certification: September 16, 2011, 9:00 a.m. An additional defendant, Earthgrains Baking Companies, Inc., was recently added to the pleadings by stipulation and order, and Earthgrains is now participating in discovery responses. The parties have been pursuing discovery and meeting and conferring on further responses by Defendants, as recently as the date of this stipulation. Following entry of the parties' stipulated Protective Order on November 3, 2010, Defendants plan to begin production of documents in response to Plaintiffs' discovery requests by approximatel y Monday, November 8, 2010. The discovery referred to above is, to a large extent, directed at the issues to be addressed on the motion or motions for motion for summary judgment, i.e. Labor Code § 514 and the Motor Carrier Act exemption. 2
STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES CASE NO. CV 09-5748 MMC

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Plaintiffs are in need of additional time for discovery on those issues in view of the upcoming document production, which Plaintiffs wish to be completed before depositions on those subjects, and Defendants are in accord on additional time. In view of the additional time needed for discovery on those issues, it is appropriate that Defendants' deadline to file its motion(s) for summary judgment on those issues should be extended, as should the other deadlines in connection with the motion(s). Further, to allow efficient and orderly management of the case, the parties believe there should be sufficient time for additional discovery between any decision on the motion(s) for summary judgment and Plaintiffs' motion for class certification, in large part because the decision on summary judgment could greatly affect whether a motion for class certification will be made and/or the extent and nature of the claims sought to be certified. Thus, the deadlines regarding the motion for class certification should be extended to allow the parties to conduct any necessary further discovery on certification issues, following a decision on the motion(s) for summary judgment. The parties presently believe extension of these deadlines and hearing dates as listed below is necessary and appropriate and will not prejudice either party. WHEREFORE, THE PARTIES STIPULATE and request that the Court order that the Scheduling Order (Docket Non. 33) be modified to reflect the deadlines listed below, or to set forth dates chosen by the Court: 1. Close of discovery on Labor Code § 514 and Motor Carrier Act exemptions: March 1, 2011; 2. Deadline for filing of Defendants' motion(s) for summary judgment on Labor Code § 514 and Motor Carrier Act exemptions: March 18, 2011; 3. Deadline for filing Plaintiffs' opposition to above motion(s) and cross-motion: April 8, 2011; 4. Deadline for reply on Defendants' motion(s) and opposition to cross-motion: April 15, 2011; 5. Hearing on above motion(s): May 6, 2011, 9:00 a.m.; 3
STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES CASE NO. CV 09-5748 MMC

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6. Deadline for Plaintiffs to file motion for class certification: August 12, 2011; 7. Deadline for Defendants to file opposition to motion for class certification: September 30, 2011; 8. Deadline for Plaintiffs to file reply on motion for class certification: November 18, 2011; 9. Hearing on motion for class certification: December 9, 2011, 9:00 a.m. SO STIPULATED. In compliance with General Order No. 45 (X), as filing party, Defendants attest that all signatories below concur in the filing of this document. DATED: November 5, 2010 MAYER BROWN LLP JOHN NADOLENCO JEROME JAUFFRET KRISTEN ROWSE

By: /s/ John Nadolenco John Nadolenco Attorneys for Defendants SARA LEE CORPORATION, SARA LEE BAKERY GROUP and EARTHGRAINS BAKING COMPANIES, INC. DATED: November 5, 2010 SPIRO MOSS LLP

By: /s/ Ira Spiro Ira Spiro Attorneys for Plaintiffs

[PROPOSED] ORDER
SO ORDERED as stated in paragraphs 1 through 9 above. Additionally, the Case Management Conference is CONTINUED from October 28, 2011 to January 20, 2012; a Joint Case Management Statement shall be filed by January 13, 2012. DATED: November 12, 2010 _________________________ MAXINE M. CHESNEY United States District Judge

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STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES CASE NO. CV 09-5748 MMC