Ang et al v. Bimbo Bakeries USA, Inc.

Filing 209

ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING 208 stipulation to extend schedule. (hsglc1S, COURT STAFF) (Issued on 7/1/2019)

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Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
634 North Santa Cruz Avenue
Suite 204
Los Gatos, CA 95030
Telephone: [phone]
[e-mail]
Keith M. Fleischman (admitted pro hac vice)
Joshua D. Glatter (admitted pro hac vice)
FLEISCHMAN BONNER & ROCCO LLP
565 Fifth Avenue, Seventh Floor
New York, New York 10017
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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Mark C. Goodman (SBN 154692)
[e-mail]
Anne M. Kelts (SBN 298710)
[e-mail]
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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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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OAKLAND DIVISION

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ALEX ANG and LYNNE STREIT,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.

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BIMBO BAKERIES USA, INC.,
Defendant.

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STIPULATION AND [PROPOSED] ORDER
Case No. CV13-01196-HSG

Case No. 3:13-CV-1196-HSG
STIPULATION EXTENDING PRE-TRIAL
SCHEDULE; [PROPOSED] ORDER
Judge: Hon. Haywood S. Gilliam, Jr.
Action Filed: March 18, 2013

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Pursuant to Northern District Rule 6-2, and subject to the Court’s approval, Plaintiffs Alex

2 Ang and Lynne Streit (collectively, “Plaintiffs”) and defendant Bimbo Bakeries U.S.A., Inc.
3 (“Defendant”) (collectively “the Parties”) respectfully submit the following Stipulation and
4 proposed Order:
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WHEREAS, the Parties are actively engaged in productive settlement negotiations;

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WHEREAS, the Parties have stipulated to private ADR, with a deadline of August 30,

7 2019, which the Court approved on May 31, 2019 (Doc. 207);
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WHEREAS, Defendant designated expert witnesses on June 4, 2019;

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WHEREAS, the deadline for the Parties to designate rebuttal expert witnesses is July 5,

10 2019, and the deadline for expert discovery is August 5, 2019;
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WHEREAS, the Parties have agreed to schedule a mediation before the Hon. Phillip M.

12 Pro (Ret.) on July 31, 2019;
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WHEREAS, counsel for the Parties have agreed that, in written mediation statements to

14 be exchanged, Plaintiffs will identify any rebuttal expert witnesses they may designate;
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WHEREAS, counsel for the Parties believe that a modest extension of the pre-trial

16 schedule, including the date for rebuttal expert witness disclosures, will allow the Parties to
17 conduct ADR before engaging in expert discovery and enable the Parties to avoid significant
18 expense;
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WHEREAS, there has been one extension of the pretrial schedule in this action (Doc.

20 200); and
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WHEREAS, the Parties agree that a further, modest, extension of the pre-trial schedule is

22 warranted and will increase the likelihood of achieving a consensual resolution of this action.
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THEREFORE, subject to the Court’s approval, the Parties stipulate to the following

24 extensions of the pre-trial and trial schedule and respectfully request that the Court enter the
25 accompanying proposed Order:
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Deadline to exchange rebuttal expert reports

August 14, 2019

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Expert discovery deadline

September 30, 2019

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STIPULATION AND [PROPOSED] ORDER
Case No. CV13-01196-HSG

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Last day to file motion to compel expert discovery

October 14, 2019

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Deadline to file dispositive motions

October 21, 2019

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Deadline for opposition to dispositive motions

November 18, 2019

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Deadline for replies to dispositive motions

December 16, 2019

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Dispositive motion hearing deadline

January 13, 2020

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Trial

March 27, 2020

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Dated: June 28, 2019
/s/ Pierce Gore
Ben F. Pierce Gore (SBN 128515)
PRATT & ASSOCIATES
634 North Santa Cruz Avenue, Suite 204
Los Gatos, CA 95030
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff

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/s/ Mark C. Goodman
Mark C. Goodman (Bar No. 154692)
BAKER & MCKENZIE LLP
Two Embarcadero Center, Suite 1100
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant

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[PROPOSED] ORDER

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Pursuant to Stipulation of the parties, and good cause appearing therefor, the Court hereby
approves the Stipulation and enters it as an Order of the Court.
Dated: 7/1/19
Hon. Haywood S. Gilliam
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
Case No. CV13-01196-HSG

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ECF ATTESTATION

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I, Mark C. Goodman, am the ECF User whose ID and password are being used to file the
following: STIPULATION EXTENDING PRE-TRIAL SCHEDULE; [PROPOSED]
ORDER. In compliance with General Order 45, I hereby attest that Pierce Gore has concurred in
this filing.
Dated: June 28, 2019

/s/ Mark C. Goodman
Mark C. Goodman

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STIPULATION AND [PROPOSED] ORDER
Case No. CV13-01196-HSG

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