Cathcart et al v. Sara Lee Corporation et al

Filing 56

ORDER APPROVING STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND DATES. The deadline to file a motion for class certification is extended from November 18, 2011 to February 3, 2012, and the hearing on the motion is extended from March 16, 2012 to June 1, 2012. The Case Management Conference is continued from April 27, 2012 to July 13, 2012. Signed by Judge Maxine M. Chesney on April 12, 2011. (mmclc1, COURT STAFF) (Filed on 4/12/2011)

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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]

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Attorneys for Defendants
SARA LEE CORPORATION, SARA LEE
BAKERY GROUP and EARTHGRAINS
BAKING COMPANIES, INC.

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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

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DAVID M. CATHCART, JAMES H.
WHITEHEAD, ROBERT W. DECKER, DALE
BALDISSERI, individually, and on behalf of all
others similarly situated,

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

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STIPULATION FOR LEAVE TO
MODIFY THE SCHEDULING ORDER
TO EXTEND MOTION DATES
[PROPOSED] ORDER THEREON

v.
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Case No. CV 09-5748 MMC

The Honorable Maxine M. Chesney
Complaint filed: December 8, 2009

Defendants.

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STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND MOTION DATES
CASE NO. CV 09-5748 MMC
700023657

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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 original deadlines in this matter. The case

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deadlines have previously been continued by stipulated order on October 7, 2010 (Docket 35),

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November 12, 2010 (Dkt. No. 44), and February 22, 2011 (Dkt. No. 52). The current deadlines

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are as follows:

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1. Close of discovery on Labor Code § 514 and Motor Carrier Act exemptions: June 1,
2011;
2. Deadline for filing of Defendants’ motion(s) for summary judgment on Labor Code §
514 and Motor Carrier Act exemptions: June 17, 2011;

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3. Hearing on above motion(s): August 5, 2011, 9:00 a.m.;

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4. Deadline for Plaintiffs to file motion for class certification: November 18, 2011;

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5. Deadline for Defendants to file opposition to motion for class certification: January 6,

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2012;
6. Deadline for Plaintiffs to file reply on motion for class certification: February 24,
2012;

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7. Hearing on motion for class certification: March 16, 2012, 9:00 a.m.;

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8. Case Management Conference: April 27, 2012.

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The parties have continued to pursue discovery, including meeting and conferring on

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additional responses by Defendants. As part of their first set of discovery, Plaintiffs requested

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the names and contact information for all members of the putative class. Defendants objected to

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producing this information at this stage of the litigation, as it would be unduly burdensome to do

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so and Defendants’ initial motion for summary judgment will be brought against the named

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Plaintiffs only. Accordingly, the parties have agreed to postpone discovery on this issue until

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after the Court hears Defendants’ motion for summary judgment on the Labor Code § 514 and

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Motor Carrier Act exemptions, provided that Plaintiffs are allowed additional time to conduct

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discovery between identification of putative class members and the deadline to file Plaintiffs’

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motion for class certification.
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STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND MOTION DATES
CASE NO. CV 09-5748 MMC

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The parties presently believe extension of these deadlines and hearing dates as listed
below is necessary and appropriate and will not prejudice either party.

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WHEREFORE, THE PARTIES STIPULATE and request that the Court order that the

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Scheduling Order (Docket Non. 33) be modified to reflect the deadlines listed below, or to set

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forth dates chosen by the Court:

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1. Deadline for Plaintiffs to file motion for class certification: February 3, 2012;

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2. Deadline for Defendants to file opposition to motion for class certification: March 23,

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2012;
3. Deadline for Plaintiffs to file reply on motion for class certification: May 11, 2012;

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4. Hearing on motion for class certification: June 1, 2012, 9:00 a.m.;

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5. Case Management Conference: July 13, 2012.

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SO STIPULATED.
In compliance with General Order No. 45 (X), as filing party, Defendants attest that all

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signatories below concur in the filing of this document.

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DATED: March 9, 2011

MAYER BROWN LLP
JOHN NADOLENCO
JEROME JAUFFRET
KRISTEN ROWSE

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BY:

/S/ JOHN NADOLENCO
John Nadolenco
Attorneys for Defendants
SARA LEE CORPORATION, SARA LEE
BAKERY GROUP and EARTHGRAINS
BAKING COMPANIES, INC.

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DATED: March 9, 2011

SPIRO MOSS LLP

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BY:

/S/ IRA SPIRO
Ira Spiro
Attorneys for Plaintiffs

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[PROPOSED] ORDER
SO ORDERED as stated in paragraphs 1 through 5 above.
DATED: April 12, 2011

_________________________
MAXINE M. CHESNEY
United States District Judge

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