Ang et al v. Bimbo Bakeries USA, Inc.

Filing 240

ORDER by Judge Haywood S. Gilliam, Jr. Granting 239 SCHEDULING STIPULATION. Motions due by 6/17/2020. (ndrS, COURT STAFF) (Filed on 6/5/2020)

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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
81 Main Street, Suite 515
White Plains, New York 10601
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 Kelts Assayag (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,

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Plaintiffs,

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v.

Case No. 4:13-CV-1196-HSG
SCHEDULING STIPULATION;
[PROPOSED] ORDER
Judge: Hon. Haywood S. Gilliam, Jr.
Action Filed: March 18, 2013

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BIMBO BAKERIES USA, INC.,
Defendant.

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JOINT SCHEDULING STIPULATION; [PROPOSED] ORDER
Case No. 4:13-CV-01196-HSG

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Pursuant to Northern District Rule 6-1(b), and subject to the Court’s approval, Plaintiffs

2 Alex Ang and Lynne Streit (collectively, “Plaintiffs”) and defendant Bimbo Bakeries U.S.A., Inc.
3 (“BBUSA”) (collectively “the Parties”) respectfully submit the following Scheduling Stipulation
4 and proposed Order.
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WHEREAS, on April 28, 2020, the Court granted preliminary approval of settlement in

6 the above-captioned action (“Preliminary Approval Order,” ECF No. 236);
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WHEREAS, counsel for the Plaintiffs are presently preparing a joint motion for final

8 approval of settlement agreement and attorneys’ fees (“Final Approval Motion”) for review and
9 comment by BBUSA’s counsel;
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WHEREAS, Plaintiffs’ counsel’s preparation of the Final Approval Motion has taken

11 slightly longer than originally anticipated;
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WHEREAS, pursuant to the Preliminary Approval Order, the Parties are presently

13 scheduled to submit the Final Approval Motion on June 10, 2020, with objections due on July 24,
14 2020, and a final hearing to consider the Final Approval Motion scheduled for August 27, 2020;
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WHEREAS, BBUSA’s counsel does not object to Plaintiffs’ counsel requesting that,

16 subject to the Court’s approval, the Final Approval Motion submission date be extended to June
17 17, 2020;
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WHEREAS, the Parties have further agreed that, subject to the Court’s approval, the date

19 to submit objections to the Final Approval Motion be extended to July 31, 2020 in light of the
20 preceding requested extension;
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WHEREAS, the Parties have further agreed that, subject to the Court’s approval, they shall

22 either: (1) issue updated announcements on Plaintiffs’ counsel’s and BBUSA’s websites advising
23 that the time to submit objections has been extended to July 31, 2020 (which Plaintiff shall draft
24 and submit to BBUSA’s counsel for its approval); or (2) revise the existing notice language on
25 their websites to reflect the updated dates;
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WHEREAS, if the Court so directs, the Parties have further agreed that Plaintiffs’ counsel

27 shall also issue a press release advising of the scheduling change;
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JOINT SCHEDULING STIPULATION; [PROPOSED] ORDER
Case No. 4:13-CV-01196-HSG

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WHEREAS, counsel for the Parties reasonably anticipate these modest scheduling

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adjustments will not require adjourning the currently-scheduled August 27, 2020 hearing for the

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Final Approval Motion, subject to the Court’s preferences; and

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WHEREAS, this is the first request for an adjustment of the final approval schedule set
forth in the Preliminary Approval Order.

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Subject to the Court’s approval, the Parties stipulate and respectfully request that the Court:

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(1) grant Plaintiffs’ request to extend the time to submit the Final Approval Motion from June 10,

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2020 to June 17, 2020; and (2) extend the time to file any objections to the Final Approval Motion

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from July 24, 2020 to July 31, 2020.

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Dated: June 4, 2020
/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]
Attorneys for Plaintiffs
/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 BBUSA
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JOINT SCHEDULING STIPULATION; [PROPOSED] ORDER
Case No. 4:13-CV-01196-HSG
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[PROPOSED] ORDER
Pursuant to the accompanying Scheduling Stipulation; [Proposed] Order, and good cause

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appearing therefor, the Court hereby: (1) extends the parties’ time to submit the Final Approval

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Motion from June 10, 2020 until June 17, 2020; and (2) extends the time to file any objections to

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the Final Approval Motion from July 24, 2020 to July 31, 2020.

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Dated: June ___, 2020
6/5/2020
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Hon. Haywood S. Gilliam, Jr.
United States District Judge

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JOINT SCHEDULING STIPULATION; [PROPOSED] ORDER
Case No. 4:13-CV-01196-HSG
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