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

Filing 457

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 456 Stipulation. Status Report due by 8/12/2009. Signed by Judge James Ware on 7/14/2009. (ecg, COURT STAFF) (Filed on 7/14/2009)

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BINGHAM MCCUTCHEN LLP WENDY M. LAZERSON (SBN 97285) CAROLYN B. HALL (SBN 212311) 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants BIMBO BAKERIES USA., INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. C 05 00829 (JW) STIPULATION AND [PROPOSED] ORDER FOR WITHHOLDING DECISION ON CERTIFICATIONRELATED MOTIONS

In re BIMBO BAKERIES USA FLSA ACTIONS,

STIPULATION AND [PROPOSED] ORDER FOR WITHHOLDING DECISION ON CERTIFICATION RELATED MOTIONS

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Attorneys for Plaintiffs Thomas Leonard et al. (Additional Attorneys for Plaintiffs at End of Document)

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Spiro Moss LLP Ira Spiro, State Bar No. 67641 [e-mail] 11377 W. Olympic Blvd. Fifth Floor Los Angeles, CA 90064 Tel [phone], Fax [phone]

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Plaintiffs Leonard, Bradaric, Hoskins, Newman, Herr, Harrison, Jeter, Motte, Morrison, Castro and Terusa, and Defendant Bimbo Bakeries USA, Inc., being all the parties of record in this action, stipulate as set forth in the "STIPULATION" portion of this document below, based on the following circumstances: The Court has under submission three certification-related motions, namely (a) Defendants' Motion to Decertify Plaintiffs' Claims Under the Fair Labor Standards Act: (b) Defendants' Motion for an Order That Action Cannot Be Maintained as a Class Action; and (c) Plaintiffs' Motion for Class Certification under Fed. Rule of Civ. Pro. 23. The parties have agreed to mediate. They have selected a mediator, Hon. William J. Cahill, retired from the San Francisco Superior Court. Mediation has been scheduled for August 5, 2009. In order to prepare for and participate in the mediation, the parties agree that deferral of a ruling on the pending certification-related motions would be beneficial to the mediation process. Therefore, by this stipulation the parties request that the Court withhold decision on the certification-related motions until after mediation and execution of a settlement agreement, if any, as stated below. STIPULATION Wherefore, ALL PARTIES OF RECORD STIPULATE that the Court order as follows with respect to the three Certification-Related Motions, namely (a) Defendants' Motion to Decertify Plaintiffs' Claims Under the Fair Labor Standards Act: (b) Defendants' Motion for an Order That Action Cannot Be Maintained as a Class Action; and (a) Plaintiffs' Motion for Class Certification under Fed. Rule of Civ. Pro. 23: 1. The Court will not issue a decision on any of the Certification-Related Motions

until after Monday, August 12, 2009 (which is one week after the scheduled mediation). The Certification-Related Motions are: (a) Defendants' Motion to Decertify Plaintiffs' Claims Under the Fair Labor Standards Act: (b) Defendants' Motion for an Order That Action Cannot Be
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Maintained as a Class Action; and (c) Plaintiffs' Motion for Class Certification under Fed. Rule of Civ. Pro. 23 2. HOWEVER if the parties notify the Court on or before August 12, 2009, that a

settlement was reached at the mediation or that they are continuing settlement discussions as a result of progress made at the mediation, that they need additional time to negotiate and/or prepare and execute a definitive settlement agreement, and that they wish the Court to not to issue any decision on the Certification-Related Motions for an additional period of time, the Court will consider that request. July 1, 2009 Spiro Moss LLP By: _________/s/_________________________ IRA SPIRO Attorneys for Plaintiffs July 1, 2009 BINGHAM McCUTCHEN LLP By: ________/s/________________________ WENDY M. LAZERSON Attorneys for Defendants LANGFORD & LANGFORD, a PLC Michael S. Langford (SBN 125756) 24681 La Plaza, Suite 220 Dana Point, California 92629 [e-mail] Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al. WALSH & WALSH, PC Michael J. Walsh (SBN 155401) [e-mail], 420 Exchange, Suite 270 Irvine, California 92602 Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al. GIGLIOTTI & GIGLIOTTO, L.L.P Joseph J. Gigliotti (SBN 144979) [e-mail] 434 East Chapman Avenue Fullerton, California 92832 Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al. GINEZ, STEINMETZ & ASSOCIATES Rudy Ginez, Jr. (SBN 84978) 926 North Flower Street Santa Ana, California 92703 Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated: July 14, 2009

[PROPOSED] ORDER Good cause appearing, IT IS HEREBY ORDERED AS SET FORTH IN PARAGRAPHS 1 AND 2 ABOVE, which paragraphs are duplicated below, to wit: 1. The Court will not issue a decision on any of the Certification-Related Motions

until after Monday, August 12, 2009 (which is one week after the scheduled mediation). The Certification-Related Motions are: (a) Defendants' Motion to Decertify Plaintiffs' Claims Under the Fair Labor Standards Act: (b) Defendants' Motion for an Order That Action Cannot Be Maintained as a Class Action; and (c) Plaintiffs' Motion for Class Certification under Fed. Rule of Civ. Pro. 23. 2. HOWEVER if the parties notify the Court on or before August 12, 2009, that a

settlement was reached at the mediation or that they are continuing settlement discussions as a result of progress made at the mediation, that they need additional time to negotiate and/or prepare and execute a definitive settlement agreement, and that they wish the Court to not to issue any decision on the Certification-Related Motions for an additional period of time, the Court will consider that request. On or before August 12, 2009, the parties shall file a Joint Status Statement informing the Court _______________, efforts. Dated: as to their mediation 2009 If additional time is requested for the purposes of negotiating ___________________________________ or preparing a definitive settlement agreement, the Court reserves JAMES WARE HON. the right to terminate these United States District Judge pending Motions to clear its docket.

________________________________ JAMES WARE United States District Judge

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