Reyes v. Bakery and Confectionery Union and Industry International Pension Fund

Filing 138

STIPULATION AND ORDER re 137 STIPULATION WITH PROPOSED ORDER to Extend Deadlines for Pending Motions filed by Art Montminy, Lou Minella, Barbara Brasier, John Wagner, Steven Bertelli, Doug Ruygrok, Travis Clemens, Randy D. Roark, James Rivers, Jethro A. Head, Robert Oakley, Bakery and Confectionery Union and Industry International Pension Fund, Jon McPherson, David B. Durkee. Signed by Judge Jon S. Tigar on August 9, 2017. (wsn, COURT STAFF) (Filed on 8/9/2017)

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EMILY P. RICH, Bar No. 168735
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
WEINBERG, ROGER & ROSENFELD, P.C.
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, CA 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

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JULIA PENNY CLARK (admitted pro hac vice)
ROBERT ALEXANDER (admitted pro hac vice)
JAMES GRAHAM LAKE (admitted pro hac vice)
BREDHOFF & KAISER, P.L.L.C.
805 Fifteenth St. N.W. Tenth Floor
Washington, DC 20005
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
JUAN M. REYES, SALVATORE TAGLIARENI,
ANGEL DE LA CRUZ, ANTONIO MEROLLA,
SMAIL MUSOVIC, TESFAYE GHEBREMEDHIN,
PHILIP ROGERS, ALMOND REID, CARMELO
CALABRO, RUSSELL NEUBERT, and
JOHN WILLIAMS, individually and as
representatives on behalf of a class of similarly
situated persons,

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JOINT STIPULATION TO
EXTEND DEADLINES FOR
PENDING MOTIONS
The Honorable Jon S. Tigar

Plaintiffs,

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Case No. 3:14-cv-5596 (JST)

v.
BAKERY AND CONFECTIONERY UNION AND
INDUSTRY INTERNATIONAL PENSION FUND;
and STEVEN BERTELLI, DAVID B. DURKEE,
JETHRO A. HEAD, ART MONTMINY, ROBERT
OAKLEY, JAMES RIVERS, RANDY D. ROARK,
BARBARA BRASIER, TRAVIS CLEMENS, JON
MCPHERSON, LOU MINELLA, DOUG
RUYGROK, and JOHN WAGNER, in their official
capacities as Trustees,
Defendants.

WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

JOINT STIPULATION TO EXTEND DEADLINES FOR PENDING MOTIONS
Case No. 3:14-cv-5596 (JST)

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JOINT STIPULATION
Pursuant to Local Rule 6-2(a), Plaintiffs and Defendants hereby stipulate and request that

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the Court extend the deadline for Defendants to file their opposition to Plaintiffs’ Motion for

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Attorneys’ Fees and Costs from August 17, 2017, to August 29, 2017, extend the deadline for

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Defendants to file their statement of non-opposition to Plaintiffs’ Motion for Final Approval of

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Class Action Settlement from August 17, 2017, to August 29, 2017, and extend the deadline for
Plaintiffs to file their reply to their Motion for Attorneys’ Fees and Costs from August 24, 2017,

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to September 15, 2017. In support of this request, the parties state as follows:
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The parties request this extension in order to permit Defendants to respond

thoroughly to the extensive factual issues raised in Plaintiffs’ Motion for Attorneys’ Fees and

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Costs. Defendants’ counsel have pre-existing work and vacation commitments that would make

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it difficult to provide a response by the current deadline. And Defendants’ counsel further believe

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it will be appropriate and useful to have its statement of non-opposition to Plaintiffs’ Motion for
Final Approval of Class Action Settlement due on the same day, so that they can coordinate the
two filings.
2.

This extension would also consolidate Plaintiffs’ briefing allowing their reply to be

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filed following the presently set objection deadline of August 31, 2017 thus allowing in a single

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pleading Plaintiffs’ reply to Defendants’ briefing on fees and costs and response to any Class

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Member objections to the motion for fees and costs.

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Consistent with the Local Rules, previous time modifications in this case are set forth in
the accompanying declaration as is a description of the effect of the requested time modification.
WHEREFORE, Plaintiffs and Defendants jointly request that the Court grant their request

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for an extension of the deadline for Defendants to file their opposition to Plaintiffs’ Motion for

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Attorneys’ Fees and Costs from August 17, 2017, to August 29, 2017, an extension of the

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deadline for Defendants to file their statement of non-opposition to Plaintiffs’ Motion for Final

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Approval of Class Action Settlement from August 17, 2017, to August 29, 2017, and an

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extension of the deadline for Plaintiffs to file their reply to their Motion for Attorneys’ Fees and

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

Costs from August 24, 2017, to September 15, 2017.
Dated: August 9, 2017

ABBEY SPANIER LLP
FRUMKIN & HUNTER LLP
LAW OFFICE OF GEOFFREY V. WHITE
SINCLAIR LAW FIRM
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JOINT STIPULATION TO EXTEND DEADLINES FOR PENDING MOTIONS
Case No. 3:14-cv-5596 (JST)

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By:

/s/ Thomas O. Sinclair
(with authorization by email on August 9, 2017)

WILLIAM D. FRUMKIN (admitted pro hac vice)
ELIZABETH E. HUNTER (admitted pro hac vice)
NANCY KABOOLIAN (pro hac vice to be filed)
THOMAS O. SINCLAIR (admitted pro hac vice)
JUDITH L. SPANIER (admitted pro hac vice)
GEOFFREY V. WHITE

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Attorneys for Plaintiff
BREDHOFF & KAISER, PLLC
WEINBERG, ROGER & ROSENFELD

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Dated: August 9, 2017

By:

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/s/ Robert Alexander
ROBERT ALEXANDER (admitted pro hac vice)
JULIA PENNY CLARK (admitted pro hac vice)
JAMES GRAHAM LAKE (admitted pro hac vice)
CONCEPCIÓN E. LOZANO-BATISTA
EMILY P. RICH
Attorneys for Defendants

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[PROPOSED] ORDER
The parties’ Joint Stipulation to Extend Deadlines for Motion for Pending Motions is

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GRANTED. The deadline for Defendants to file their Opposition to Plaintiffs’ Motion for Award

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of Attorneys’ Fees and Costs and the deadline for Defendants to file their Statement of Non-

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opposition to Plaintiffs’ Motion for Final Approval of Class Action Settlement are hereby

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extended to August 29, 2017. The deadline for Plaintiffs to file their Reply Brief to Plaintiffs’

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Motion for Award of Attorneys’ Fees and Costs is hereby extended to September 15, 2017.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 9, 2017
Dated: ______________________, 2017

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

_________________________________
THE HONORABLE JON S. TIGAR
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JOINT STIPULATION TO EXTEND DEADLINES FOR PENDING MOTIONS
Case No. 3:14-cv-5596 (JST)