Cathcart et al v. Sara Lee Corporation et al

Filing 54

ORDER APPROVING STIPULATION TO EXTEND MEDIATION COMPLETION DEADLINE. The deadline to complete mediation is extended to June 30, 2011. Signed by Judge Maxine M. Chesney on March 15, 2011. (mmclc1, COURT STAFF) (Filed on 3/15/2011)

Cathcart et al v. Sara Lee Corporation et al

Doc. 54

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

MAYER BROWN LLP JOHN NADOLENCO (CA SBN 181128) [e-mail] JEROME JAUFFRET (CA SBN 159135) [e-mail] KRISTEN ROWSE (CA 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 (CA SBN 67641) [e-mail] Rami A. Yomtov (CA SBN 263774) [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-OAKLAND DIVISION DAVID M. CATHCART, JAMES H. WHITEHEAD, ROBERT W. DECKER, DALE BALDISSERI, individually, and on behalf of all others similarly situated, Plaintiff, Case No. CV 09-5748 MMC CLASS ACTION AND FLSA COLLECTIVE ACTION STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE The Honorable Maxine M. Chesney Complaint filed: December 8, 2009

22 v. 23 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 AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE CASE NO. CV 09-5748 MMC
Dockets.Justia.com

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 28

All parties to this action enter into the following stipulation based on the following facts: The parties previously agreed to participate in Mediation pursuant to ADR L.R. 6. The current Mediation Completion Deadline of March 18, 2011, was set by this Court's Scheduling Order (Dkt. No. 33) of May 14, 2010. The parties have been meeting and conferring to resolve discovery disputes. As a result, the discovery and motion deadlines in this case have previously been continued by stipulated order on October 7, 2010 (Dkt. No. 35) and November 12, 2010 (Dkt. No. 44). On March 3, 2011, counsel met in person and conferred on a number of discovery disputes. On March 8, 2011, defendants sent to plaintiffs a draft stipulation intended to set forth the agreements made during the meeting and conferring of March 3, 2011. The parties are determined to engage in a productive mediation session in an effort to resolve this matter without the need for further, protracted litigation. In order to do so, the parties require additional time to complete the discovery about which they met and conferred. The parties believe an extension of the Mediation Completion Deadline is necessary and appropriate, and will cause no prejudice. Therefore, THE PARTIES HEREBY STIPULATE and request that the Court order the Scheduling Order (Dkt. No. 33) modified to state that the Mediation Completion Deadline is extended to June 30, 2011, or such other date as the Court deems appropriate. SO STIPULATED. In compliance with General Order No. 45 (X), as filing party, Plaintiffs attest that all signatories below concur in the filing of this document.

2
STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE CASE NO. CV 09-5748 MMC

1 DATED: March 11, 2011 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 28 3
STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE CASE NO. CV 09-5748 MMC

MAYER BROWN LLP JOHN NADOLENCO JEROME JAUFFRET KRISTEN ROWSE

By: /s/ Kristen Rowse Kristen Rowse Attorneys for Defendants SARA LEE CORPORATION, SARA LEE BAKERY GROUP and EARTHGRAINS BAKING COMPANIES, INC. DATED: March 11, 2011 SPIRO MOSS LLP

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

[PROPOSED] ORDER
Good cause appearing, the Scheduling Order is Modified such that the Mediation Completion June 30 Date is changed to __________________________, 2011. DATED: March 15, 2011 _________________________ MAXINE M. CHESNEY United States District Judge