Cathcart et al v. Sara Lee Corporation et al

Filing 58

ORDER APPROVING STIPULATION IN PART. Close of discovery on Labor Code sec. 514 and Motor Carrier Act exemptions - July 8, 2011. Deadline to file motion for summary judgment - July 22, 2011, to be noticed for hearing September 9, 2011. Deadline to co mplete mediation - August 5, 2011. Deadline to file motion for class certification - March 2, 2012, to be noticed for hearing June 29, 2012. Case Management Conference is continued from July 13, 2012 to August 10, 2012.Signed by Judge Maxine M. Chesney on May 13, 2011. (mmclc1, COURT STAFF) (Filed on 5/13/2011)

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

Defendants.

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STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND DATES
CASE NO. CV 09-5748 MMC
700100712

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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 discovery

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and motion deadlines have previously been continued by stipulated order (see Docket Nos. 35,

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44, 52, and 56). The deadline to complete mediation has also been continued by stipulated order

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(see Docket No. 54). The current deadlines are as follows:

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A. Deadline for parties to complete mediation: June 30, 2011;

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B. Close of discovery on Labor Code § 514 and Motor Carrier Act exemptions: June 1,

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2011;
C. Deadline for filing of Defendants’ motion(s) for summary judgment on Labor Code §
514 and Motor Carrier Act exemptions: June 17, 2011;
D. Deadline for filing Plaintiffs’ opposition to above motion(s) and cross-motion: July 8,
2011;
E. Deadline for reply on Defendants’ motion(s) and opposition to cross-motion: July 15,
2011;

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

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

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

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2011;

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

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

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K. Case Management Conference: July 13, 2012.

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

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additional document production by Defendants and noticing the depositions of the named

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Plaintiffs and of Defendants under Federal Rule of Civil Procedure 30(b)(6).

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Two weeks ago, Plaintiffs’ counsel was required to take over as lead counsel in a class

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action jury trial to begin Monday, May 2, 2011, in Superior Court in Santa Clara County,

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because the former lead counsel, his partner, was in trial that would interfere with preparation of
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STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND DATES
CASE NO. CV 09-5748 MMC

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the Santa Clara County trial, Avidor v Sutter's Place. In light of counsel’s trial schedule, the

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parties agree to an additional, short extension of discovery and motion deadlines. Further, the

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parties believe it would be most efficient to conduct mediation in this case following a ruling on

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the initial motion(s) for summary judgment, and therefore request a further continuance of the

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mediation completion deadline accordingly.
The parties presently believe extension of these deadlines and hearing dates as listed

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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:
1. Close of discovery on Labor Code § 514 and Motor Carrier Act exemptions: July 8,

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2011;

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2. Deadline for filing of Defendants’ motion(s) for summary judgment on Labor Code §

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514 and Motor Carrier Act exemptions: July 22, 2011;

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3. Deadline for filing Plaintiffs’ opposition to above motion(s) and cross-motion:

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August 12, 2011;

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4. Deadline for reply on Defendants’ motion(s) and opposition to cross-motion: August

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19, 2011;

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

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6. Deadline for parties to complete mediation: October 14, 2011;

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7. Deadline for Plaintiffs to file motion for class certification: March 2, 2012;

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8. Deadline for Defendants to file opposition to motion for class certification: April 20,
2012;

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9. Deadline for Plaintiffs to file reply on motion for class certification: June 8, 2012;

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10. Hearing on motion for class certification: June 29, 2012, 9:00 a.m.

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11. Case Management Conference: August 10, 2012.

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SO STIPULATED.

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

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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: May 3, 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: April 29, 2011

SPIRO MOSS LLP

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

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[PROPOSED] ORDER

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SO ORDERED as stated in paragraphs 1 through 11 above. with the exception that the deadline
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for the parties to complete mediation is continued from June 30, 2011 to August 5, 2011.

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DATED: May 13, 2011

_________________________
MAXINE M. CHESNEY
United States District Judge

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