Leonard et al v Bimbo Bakeries, USA, Inc, et al

Filing 408

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING SCHEDULE FOR CLASS CERTIFICATION AND RELATED MOTIONS re 405 Case Management Statement, 407 Case Management Statement. The Case Management Conference set for 11/17/2008 is VACATED. The parties a re ordered to comply with the following: Hearing set for ANTICIPATED PLAINTIFFS' MOTION on 1/26/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose AND Hearing set for ANTICIPATED PLAINTIFFS' and ANTICIPATED DEFENDANTS' MOTIONS on 3/2/20 09 09:00 AM in Courtroom 8, 4th Floor, San Jose. The parties shall notice and file their motions in accordance with the Civil Local Rules of the Court. All discovery disputes re class certification are referred to the referral Magistrate Judge. Please see order for further specifics. Signed by Judge James Ware on 11/13/2008. (ecg, COURT STAFF) (Filed on 11/13/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In Re Bimbo Bakeries USA FLSA Actions No. C 05-00829 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING SCHEDULE FOR CLASS CERTIFICATION AND RELATED MOTIONS

This case was scheduled for a case management conference on November 17, 2008. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted separate Case Management Statements. Based on their submissions, it appears that a supplemental schedule for the case can be set without the necessity of an appearance at this time. Accordingly, the case management conference is VACATED and the parties are ordered to comply with the following: (1) Plaintiffs have expressed an intent to file a motion for a certification to file an interlocutory appeal of the Court's October 24, 2008 Order on the issue of claims for overtime pay under California state law. The Court sets January 26, 2009 at 9 a.m. as a hearing date for this anticipated motion. Plaintiffs shall notice and file their motion in accordance with the Civil Local Rules of the Court. The Court sets March 2, 2009 at 9:00 A.M. as a hearing date for Plaintiffs' anticipated Motion for Class Certification and Defendants' anticipated (a) Motion to Decertify the conditionally-certified FLSA collective action and (b) Motion for an

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3)

Order that this action cannot be maintained as a class action. The parties shall notice and file their motions in accordance with the Civil Local Rules of the Court. All discovery disputes with respect to class certification are referred to the assigned Magistrate Judge.

Dated: November 13, 2008

JAMES WARE United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Carolyn Blecha Hall [e-mail] Dennis Frank Moss [e-mail] Elizabeth Jean Carroll [e-mail] Joseph J. Gigliotti [e-mail] Joseph J. Gigliotti [e-mail] Katherine J. Odenbreit [e-mail] Kristen Pezone [e-mail] Michael James Walsh [e-mail] Michael Scott Langford [e-mail] Rebecca Sobie [e-mail] Robert Ira Spiro [e-mail] Rudolfo Ginez [e-mail] Rudolfo Ginez [e-mail] Wendy M. Lazerson [e-mail]

Dated: November 13, 2008

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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