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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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 [phone]
Fax (5 I0) 337-1023
E-Mail: [e-mail]
clo zano @uinionc ouns

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net

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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 : j [e-mail]
ralexander@bredho ff. com

Attorneys for Defendants

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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,

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WEINBERG, ROGER &
ROSENFELI)
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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

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The parties have reached an agreement in principle to settle this case. Pursuant to Local

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Rule 6-2(a), Plaintiffs and Defendants hereby stipulate and request the Court to enter an order

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staying the case and all its deadlines pending further order by the Court, and to set a deadline

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August 4,2016 by which Plaintiffs may file a motion for preliminary approval of the settlement.

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In support of this request, the parties state as follows:

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1.

of

The parties have reached a proposed classwide settlement of the case after

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engaging in a day-long mediation facilitated by a JAMS mediator, Jed D. Melnick. 'While the

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parties have agreed in principle on the terms of the proposed settlement, there is substantial work

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yet to be done to reduce those terms to a final written class settlement agreement and to prepare

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the materials required to initiate the class action settlement approval process pursuant to Federal

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Rule of Civil Procedure 23(e).

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2.

The requested stay will permit the parties to focus their efforts, resources, and

will also save the parties considerable

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attention on concluding the settlement process. The stay

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time and expense of continuing litigation of a case the parties have agreed to settle.

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3,

Consistent with the local rules, previous time modifications in this case are set

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forth in the accompanying declaration as is a description of the effect of the requested time

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modification.

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WHEREFORE, Plaintiffs and Defendants jointly request that the Court grant their request

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for a stay of all pretrial and trial deadlines and for an order providing that Plaintiffs may file

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motion for preliminary approval of the settlement on or before August 4,2016'

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ABBEY SPANIER LLP
FRUMKIN & HUNTER LLP
LAW OFFICE OF GEOFFREY V. WHITE
SINCLAIR LAW FIRM

Dated: June3,2016

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WEINBERG, ROGER &
ROSENFELD
A Prolessional CorPontion
lo0l Marin¡ villdse Pd{tY,sùilet@
N¡n¡e&, Csl¡fôhi! 91t01
(Jl0) ll7-l@l

By:

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/s/

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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)

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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

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Attorneys for Plaintiff
BREDHOFF & KAISER, PLLC
ROSENFELD

Dated: June 3,2016

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By:
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(admitted pro hac vice)
ROBERT
JULIA PENNY CLARK (admittedpro hacvice)
JAMES GRAHAM LAKE (admitted pro hac vice)
CONCEPCIÓN B. LOZANO-BATISTA
EMILY P. zuCH

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Attomeys for Defendants
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IPROPOSEDI ORDER
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The parties' Joint Stipulation to Stay All Pretrial and Trial Deadlines and for a Scheduling

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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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:

June 7

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THE HONORABLE JON S. TIGAR

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\ilEINBERG, ROGER &

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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)

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