Ang et al v. Bimbo Bakeries USA, Inc.

Filing 154

ORDER by Judge Haywood S. Gilliam, Jr. Granting 151 Stipulation. (ndrS, COURT STAFF) (Filed on 10/5/2015)

1 Mark C. Goodman (Bar No. 154692)
Ethan A. Miller (Bar No. 155965)
2 David W. Skaar (Bar No. 265377)
HOGAN LOVELLS US LLP
3 3 Embarcadero Center, Suite 1500
San Francisco, California 94111
4 Telephone: + 1 [phone]
Facsimile: + 1 [phone]
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Defendant
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
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12 ALEX ANG and LYNN STREIT,
individually and on behalf of all others
13 similarly situated,
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Plaintiffs,

Case No. 3:13-CV-1196-HSG (NC)
STIPULATED REQUEST FOR ORDER
CHANGING TIME [RE DKT NO. 147];
AND ORDER

v.
BIMBO BAKERIES USA, INC.,

Judge:
Hon. Haywood S. Gilliam, Jr.
Action Filed: March 18, 2013

Defendant.

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STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. CV13-01196-HSG (NC)
\\LA - 064999/000013 - 1167277 v1

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Pursuant to Local Civil Rule 6-2, it is hereby stipulated and agreed, by and among the

2 undersigned counsel for Plaintiffs Alex Ang and Lynn Streit (“Plaintiffs”) and Defendant Bimbo
3 Bakeries USA, Inc. (“Defendant”), respectively, as follows:
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WHEREAS, at a hearing before this Court on August 20, 2015, the parties discussed the

5 Court’s proposed scheduling order, and since it appeared to the attorneys present at the hearing
6 that there were no scheduling conflicts, the Court thereafter entered the proposal as a Scheduling
7 Order (Dkt. 147).
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WHEREAS, following the hearing, Mr. Skaar, who appeared at the hearing on behalf of

9 Defendant, determined that the April 18, 2016 trial date is unworkable for Defendant’s trial
10 counsel, who must appear at another trial that had previously been set for the same time.
11 (Declaration of David W. Skaar (“Skaar Decl.”), ¶ 2).
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WHEREAS, at the hearing the Court recognized that the expert discovery schedule may

13 need to be modified so that experts will be able to prepare their reports with the benefit of a
14 decision on the pending motion for class certification. (See Hearing Transcript, 8/20/2015, at
15 13:3-15).
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WHEREAS, the parties also agree that the schedule should be modified to accommodate

17 expert analysis and dispositive motions based on the Court’s forthcoming ruling on the class
18 certification motion. (Skaar Decl., ¶ 4).
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WHEREAS, the parties met and conferred to determine a mutually agreeable resolution of

20 the foregoing scheduling issues, and the parties agreed that each date set forth in the Scheduling
21 Order should be postponed for approximately two months. (Id. at ¶ 5).
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NOW, THEREFORE, IT IS HEREBY STIPULATED and respectfully requested by and

23 between the parties through their respective attorneys of record that the Court amend the
24 Scheduling Order, Dkt. 147, to reflect the following dates:
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 Close of Fact Discovery: November 18, 2015

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 Mutual Exchange of Expert Disclosures: November 25, 2015

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 Mutual Exchange of Rebuttal Expert Disclosures: December 18, 2015

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 Close of Expert Discovery: January 15, 2016
STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. CV13-01196-HSG (NC)

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 Dispositive Motions Filing Deadline: January 22, 2016

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 Opposition Filing Deadline: February 19, 2016

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 Reply Filing Deadline: March 7, 2016

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 Dispositive Motions Hearing: March 24, 2016 at 2:00 p.m.

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 Pretrial Conference: June 7, 2016 at 3:00 p.m.

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 Trial Date: June 20, 2016 at 8:30 a.m.

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Dated: September 21, 2015
/s/ Bradley F. Silverman (attestation below)
Keith M. Fleischman (admitted pro hac vice)
Bradley F. Silverman (admitted pro hac vice)
THE FLEISCHMAN LAW FIRM, PLLC
565 Fifth Avenue, Seventh Floor
New York, New York 10017
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Ben F. Pierce Gore (Bar No. 128515)
PRATT & ASSOCIATES
1871 The Alameda, Suite 425
San Jose, CA 95126
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiffs

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/s/ David W. Skaar
Mark C. Goodman (Bar No. 154692)
Ethan A. Miller (Bar No. 155965)
David W. Skaar (Bar No. 265377)
HOGAN LOVELLS US LLP
3 Embarcadero Center, Suite 1500
San Francisco, California 94111
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant

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STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. CV13-01196-HSG (NC)
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ORDER
Pursuant to the foregoing stipulation, IT IS SO ORDERED.

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DATED: October 5, 2015

___________________________________
HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. CV13-01196-HSG (NC)
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Attestation Regarding Signatures
I hereby attest that Bradley Silverman, counsel for the plaintiffs, authorized the filing of
this document on September 18, 2015.
/s/ David W. Skaar
David W. Skaar

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STIPULATED REQUEST FOR ORDER CHANGING TIME
Case No. CV13-01196-HSG (NC)
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