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

Filing 97

STIPULATION AND ORDER re 96 STIPULATION WITH PROPOSED ORDER Joint Stipluation to Stay All Pretrial and Trial Deadlines and For Scheduling Order For Preliminary Approval of a Settlement Agreement filed by Art Montminy, Lou Minella, B arbara 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 June 7, 2016. (wsn, COURT STAFF) (Filed on 6/7/2016)

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I 2 J 4 5 EMILY P. RICH, BarNo. 168735 CONCEPCION E. LOZANO-BATISTA, Bar No. 227227 V/EINBERG, ROGER & ROSENFELD, P.C. A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501 Telephone (5 10) 337-1001 Fax (5 I0) 337-1023 E-Mail: erich@unioncounsel.net clo zano @uinionc ouns e 1. net 6 7 8 9 10 11 I2 13 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 (202) 8 42 -2600 Fax (202) 842-1888 E-Mail : j pclark@bredhoff.com ralexander@bredho ff. com Attorneys for Defendants UNITED STATES DISTRICT COURT T4 NORTHERN DISTRICT OF CALIFORNIA 15 I6 t7 18 t9 20 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, Plaintiffs, 2l 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELI) A ProfessionaL Corpodtiof, V¡ltosô Pd*!y, srile200 l00l Àldrâ Alsn'.û.C¡l¡fúiô 94501 (510) ll7.l0ol Case No. 3:14-cv-5596 (JST) JOINT STIPULATION TO STAY ALL PRETRIAL AND TRIAL DEADLINES AND FOR A SCHEDULING ORDER FOR PRELIMINARY APPROVAL OF A SETTLEMENT AGREEMENT; AND [PROPOSED] ORDER The Honorable Jon S. Tigar 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 offrcial capacities as Trustees, Defendants. JOINT STIPULATION TO STAY THE CASE AND FORA SCHEDULING ORDER RE SETTLEMENT Case No. 3:14-cv-5596 (JST) JOINT STIPULATION I 2 The parties have reached an agreement in principle to settle this case. Pursuant to Local J Rule 6-2(a), Plaintiffs and Defendants hereby stipulate and request the Court to enter an order 4 staying the case and all its deadlines pending further order by the Court, and to set a deadline 5 August 4,2016 by which Plaintiffs may file a motion for preliminary approval of the settlement. 6 In support of this request, the parties state as follows: 7 1. of The parties have reached a proposed classwide settlement of the case after 8 engaging in a day-long mediation facilitated by a JAMS mediator, Jed D. Melnick. 'While the 9 parties have agreed in principle on the terms of the proposed settlement, there is substantial work 10 yet to be done to reduce those terms to a final written class settlement agreement and to prepare 11 the materials required to initiate the class action settlement approval process pursuant to Federal t2 Rule of Civil Procedure 23(e). 13 2. The requested stay will permit the parties to focus their efforts, resources, and will also save the parties considerable t4 attention on concluding the settlement process. The stay 15 time and expense of continuing litigation of a case the parties have agreed to settle. l6 3, Consistent with the local rules, previous time modifications in this case are set t7 forth in the accompanying declaration as is a description of the effect of the requested time 18 modification. I9 WHEREFORE, Plaintiffs and Defendants jointly request that the Court grant their request 20 for a stay of all pretrial and trial deadlines and for an order providing that Plaintiffs may file 2l motion for preliminary approval of the settlement on or before August 4,2016' a 22 23 ABBEY SPANIER LLP FRUMKIN & HUNTER LLP LAW OFFICE OF GEOFFREY V. WHITE SINCLAIR LAW FIRM Dated: June3,2016 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Prolessional CorPontion lo0l Marin¡ villdse Pd{tY,sùilet@ N¡n¡e&, Csl¡fôhi! 91t01 (Jl0) ll7-l@l By: h /s/ L Snanier (with authorization by email on June 3, 2016) V/ILLIAM D. FRUMKIN ELIZABETH E. HLfNTER NANCY KABOOLIAN ladmittedpro hacvice) (a¿m¡tt e d pr o hac v ice) (pro hacvice to befiled) 1 ORDERRE SETTLEMENT JOINT STIPULATION TO ST AY THE CASE AND FORA SCHEDULING 3:14-cv-5596 (JST) Case No. THOMAS O. SINCLAIR Tadmitted pro hac vice) JUDITH L. SPANIER çadmuted pro hac vice) GEOFFREY V. V/HITE 1 2 a J 4 Attorneys for Plaintiff BREDHOFF & KAISER, PLLC ROSENFELD Dated: June 3,2016 5 By: 6 (admitted pro hac vice) ROBERT JULIA PENNY CLARK (admittedpro hacvice) JAMES GRAHAM LAKE (admitted pro hac vice) CONCEPCIÓN B. LOZANO-BATISTA EMILY P. zuCH 7 8 9 Attomeys for Defendants 10 11 t2 13 t4 IPROPOSEDI ORDER 15 The parties' Joint Stipulation to Stay All Pretrial and Trial Deadlines and for a Scheduling t6 t7 18 19 Order for Preliminary Approval of a Settlement Agreement is GRANTED. The case and all its deadlines are hereby STAYED with the exception that Plaintiffs shall file their motion for preliminary approval of the settlement agreement on or before August 4 20 2I 22 23 PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: June 7 20r6 THE HONORABLE JON S. TIGAR 24 25 26 27 28 \ilEINBERG, ROGER & 2 ROSENFELD A Profess¡onal Corpont¡on lO0l Nl¡dn! Vill¡se Púw¡v, süite200 Aomê&, Cal¡rôñiå 9450 I (5ì0)33?-1001 JOINT STIPULATION TO ST AY ALL DEADLINES Case No. 3:14-cv-5596 (JST) 20r6

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