Cathcart et al v. Sara Lee Corporation et al

Filing 84

ORDER APPOVING STIPULATION TO MODIFY SCHEDULING ORDER. The deadline to complete mediation is extended to March 31, 2012. The deadline for plaintiffs to file a motion for class certification is extended to July 27, 2012; the deadline to file oppositio n is extended to September 14, 2012; the deadline to file a reply is extended to November 2, 2012. The hearing on the motion for class certification is continued from September 21, 2012 to November 30, 2012. The Case Management Conference is continued from November 2, 2012 to December 21, 2012; a Joint Case Management Statement shall be filed no later than December 14, 2012. Signed by Judge Maxine M. Chesney on December 23, 2011. (mmclc1, COURT STAFF) (Filed on 12/23/2011)

1

5

MORGAN, LEWIS & BOCKIUS LLP
JOHN S. BATTENFELD, (SBN 119513)
[e-mail]
300 SOUTH GRAND AVENUE
TWENTY-SECOND FLOOR
LOS ANGELES, CA 90071-3132
TEL: [phone]
FAX: [phone]

6

Attorneys for Defendants

2
3
4

7
8
9
10
11

SPIRO MOSS LLP
IRA SPIRO (SBN 67641)
[e-mail]
11377 W. OLYMPIC BLVD., 5TH FLOOR
LOS ANGELES, CA 90064
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiffs

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15
16
17

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

18
19
20
21

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

22

Case No. CV 09-5748 MMC
STIPULATION FOR LEAVE TO
MODIFY THE SCHEDULING ORDER
TO CONTINUE MEDIATION
DEADLINE, BRIEFING SCHEDULE,
AND DATE FOR CLASS
CERTIFICATION HEARING AND
STATUS CONFERENCE
[PROPOSED] ORDER
The Honorable Maxine M. Chesney

Defendants.

23
24
25
26

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

27

A. The Scheduling Order (Dkt. #33) set forth initial deadlines in this case. The Order

28

scheduled, among other things, dates for briefing the parties’ initial motions and

STIPN. TO MODIFY SCHEDULING ORDER: CASE CV 09-5748 MMC

1

cross-motions for partial summary judgment, a date for the hearing on the partial

2

summary judgment motions, dates for briefing class certification, and dates for the

3

hearing on class certification and a status conference.

4

B. Since then, pursuant to stipulated orders, those dates and others have been continued,

5

to accommodate document production by Defendants, counsel for Plaintiffs’ class

6

action jury trial in another case, and other matters. (Dkt. #52, 56, 58, 60, 68, 77, 79.)

7

The parties have actively engaged in discovery, including the exchange of more than

8

100 written discovery requests, the production of thousands of pages of documents,

9

and several depositions.

10

C. Based on recent developments described below, the parties now jointly request an

11

additional extension, approximately 60 days, of the deadline for mediation and the

12

other deadlines in the amended scheduling order.

13

D. Defendants report that on November 5, 2011, Grupo Bimbo S.A.B. de C.V. and its

14

US subsidiary BBU, Inc. (“BBU”) completed the acquisition of the Sara Lee U.S.

15

fresh baking business, including the stock of Defendants Sara Lee Bakery Group and

16

Earthgrains Baking Companies, Inc. Counsel for BBU has elected to replace

17

Defendants’ counsel with John Battenfeld and Michael Puma of Morgan, Lewis &

18

Bockius LLP, which was communicated to Defendants’ prior counsel on December 7,

19

2011. Defendants’ prior counsel filed a Substitution of Counsel on December 19,

20

2011, confirming the replacement.

21

E. As a result of the sale of the Sara Lee U.S. fresh baking business and the related

22

transition to the undersigned counsel, as well as Defendants’ collection of additional

23

data and information to share with Plaintiffs for settlement purposes in advance of the

24

mediation, the parties believe that additional time is required before they will be

25

prepared to have the best chance of success at a mediation, which currently is

26

scheduled for January 9, 2011. By the terms of the current Scheduling Order,

27

mediation must be completed by January 31, 2011.

28

F. Also supporting the parties’ joint request for extension of the applicable deadlines is
2
STIPN. TO MODIFY SCHEDULING ORDER: CASE CV 09-5748 MMC

1

Plaintiffs’ counsel’s agreement with Defendants’ new counsel to replace the planned

2

panel mediator with a new mediator, Jeff Krivis, who is one of the most active and

3

experienced mediators in California in the field of wage and hour class and collective

4

actions. However, Mr. Krivis does not have any dates available that also would work

5

for the parties until the second half of March 2012.

6

G. Under the current briefing and hearing schedule for class certification, with a

7

mediation postponed until March 2012, the parties would have to pursue remaining

8

discovery during the period preceding the mediation and thus would incur substantial

9

additional fees and costs that could be an impediment to a resolution at the mediation.

10

H. The current deadlines are as follows (per Dkt. #79):

11

1. Deadline to complete mediation: January 31, 2012.

12

2. Deadline for Plaintiffs to file motion for class certification: May 25, 2012.

13

3. Deadline for Defendants to file opposition to motion for class certification: July

14

13, 2012.

15

4. Deadline for Plaintiffs to file reply in further support of motion for class

16

certification: August 31, 2012.

17

5. Hearing on motion for class certification: September 21, 2012, at 9:00 a.m.

18

6. Joint Case Management Conference Statement due: October 26, 2011.

19

7. Case Management Conference: November 2, 2012, at 10:30 a.m.

20
21
22
23
24
25
26
27
28

WHEREFORE, THE PARTIES STIPULATE and request that the Court order that the
Scheduling Order (Dkt. #33) be modified to reflect the deadlines listed below, which retain
approximately the same intervals as presently exist between the successive dates:
1. Deadline to complete mediation: extended from January 31, 2012 to March 31, 2012.
2. Deadline for Plaintiffs to file motion for class certification: extended from May 25,
2012 to July 27, 2012.
3. Deadline for Defendants to file opposition to motion for class certification: extended
from July 13, 2012 to September 14, 2012.
3
STIPN. TO MODIFY SCHEDULING ORDER: CASE CV 09-5748 MMC

1
2
3
4
5
6
7
8
9

4. Deadline for Plaintiffs to file reply in further support of motion for class certification:
extended from August 31, 2012 to November 2, 2012.
5. Hearing on motion for class certification: continued from September 21, 2012 to
November 30, 2012, at 9:00 a.m.
6. Joint Case Management Conference Statement due date: continued from October 26,
2011 to December 14, 2012
7. Case Management Conference: continued from November 2, 2012 to December 21,
2012, at 10:30 a.m.
In compliance with General Order No. 45 (X), as filing party, Defendants attest that all

10

signatories below concur in the filing of this document.

11

DATED: December 21, 2011

MORGAN, LEWIS & BOCKIUS LLP

12

BY:

/s/ John Battenfeld
John Battenfeld
Attorneys for Defendants

13
14

DATED: December 21, 2011

SPIRO MOSS LLP

15

BY:
/s/ Ira Spiro
Attorneys for Plaintiffs

16
17

[PROPOSED] ORDER

18
19

SO ORDERED as stated in paragraphs 1 through 7 above.

20
21

DATED: December 23 2011
__,

_________________________
MAXINE M. CHESNEY
United States District Judge

22
23
24
25
26
27
28
4

STIPN. TO MODIFY SCHEDULING ORDER: CASE CV 09-5748 MMC