Cathcart et al v. Sara Lee Corporation et al

Filing 64

ORDER APPROVING STIPULATION TO MODIFY THE SCHEDULING ORDER. The deadline for defendants' reply/opposition to cross-motion is extended to September 23, 2011. The deadline for plaintiffs' reply is set for October 7, 2011. The hearing on the motions is continued from October 7, 2011 to October 28, 2011. The deadline to complete mediation is continued to November 18, 2011. Signed by Judge Maxine M. Chesney on September 8, 2011. (mmclc1, COURT STAFF) (Filed on 9/8/2011)

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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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Defendants.

Case No. CV 09-5748 MMC
STIPULATION FOR LEAVE TO
MODIFY THE SCHEDULING ORDER
TO CORRECT PARTIES’ OMISSION
OF REPLY DATE, EXTEND REPLY
AND HEARING DATES
[PROPOSED] ORDER
The Honorable Maxine M. Chesney
Complaint filed: December 8, 2009

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STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND DATES
CASE NO. CV 09-5748 MMC
700226951
700570113

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The parties stipulate as set forth in the numbered paragraphs below, based on the
following facts:

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A. The Scheduling Order (Dkt. No. 33) set initial deadlines in this case. The Order

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scheduled, among other things, dates for filing motions and cross-motions for

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summary judgment on two affirmative defenses, dates for oppositions, and dates for

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replies.

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B. The parties stipulated to extensions of those deadlines because, among other things,

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more time was needed in order for Defendants to produce documents pertinent to the

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motions.

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C. However, in stipulating to the extended dates, the parties erroneously omitted
the date for filing the reply in support of Plaintiffs’ cross-motion.
D. This stipulation is to correct that error, and to afford each party two weeks to file

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replies, rather than one. These are very important motions, and the parties believe the

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determination of them will best be served by the additional week for replies.

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E. Note that Defendants decided to file a motion on only one of the two affirmative

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defenses, Labor Code § 514. Plaintiffs will follow suit, moving on only that one.

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Defendants have filed their motion. Plaintiffs’ opposition and cross-motion are due

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September 9, 2011. This stipulation does not seek an extension of that deadline.

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F. The stipulation below proposes to set the hearing on the motions on October 28,

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2011. The current deadline to complete mediation is that very date. The parties

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believe a successful mediation depends on a ruling on the motions. Therefore, they

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propose to extend the mediation deadline by three weeks, to November 18, 2011.

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G. The current deadlines on the motion and cross-motion are as follows:
a. Deadline for filing Defendants’ motion(s) for summary judgment on Labor

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Code § 514 (and Motor Carrier Act exemptions):

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(This August 19 deadline was met.)

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August 19, 2011

b. Deadline for filing Plaintiffs’ opposition to above motion(s) and for filing
September 9, 2011;

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

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c. Deadline for reply on Defendants’ motion(s) and opposition to crossSeptember 16, 2011;

motion:

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d. Deadline for reply on Plaintiffs’ cross-motion: NONE

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e. Hearing on above motion and cross-motion:

October 7, 2011, 9:00 a.m.

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f. Deadline to complete mediation

October 28, 2011

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H. Note that the discovery and motion deadlines have previously been continued by

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stipulated order (see Docket Nos. 35, 44, 52, 56, 58 and 60). The deadline to

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complete mediation has also been continued by stipulated order, to fall after the

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hearing on the parties’ motions for summary judgment (see Docket Nos. 54, 58, and

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60). The current deadline for the parties to complete mediation: October 28, 2011.

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I. Note also that the deadline for Plaintiffs to file a motion for class certification is not

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until March 23, 2012. The hearing on the motion for class certification is scheduled

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for July 20, 2012. There is no trial date scheduled, but after the hearing on the motion

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for class certification, a Case Management Conference is scheduled for August 31,

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2012. This stipulation does not seek to move those dates.

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

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Scheduling Order (Docket No. 33) be modified to reflect the deadlines listed below, or to set

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forth later deadline chosen by the Court:

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1. Deadline for reply on Defendants’ motion(s) and opposition to cross-motion:
Continue from September 16, 2011 to September 23, 2011.
2. Deadline for reply on Plaintiffs’ cross-motion:
There is no deadline. Set deadline for October 7, 2011.
3. Hearing on above motion and cross-motion:

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Continue from October 7, 2011 to October 28, 2011,

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or such other date as is convenient to the Court.

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4. Deadline to complete mediation:
Continue from October 28, 2011 to November 18, 2011.

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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: September 7, 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: September 6, 2011

SPIRO MOSS LLP

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BY:
/s/ Ira Spiro
Attorneys for Plaintiffs

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[PROPOSED] ORDER
SO ORDERED as stated in paragraphs 1 through 4 above. specifically, the hearing on the motions
;
is continued to October 28, 2011, at 9:00 a.m.
DATED: September 8, 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