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

Filing 459

ORDER GRANTING STATUS REPORT FOR ADDITIONAL TIME RE SETTLEMENT re 458 Status Report. The parties are to report to the Court concerning the status of settlement negotiations by 8/31/2009. Signed by Judge James Ware on 8/19/2009. (ecg, COURT STAFF) (Filed on 8/20/2009) Modified docket text on 8/21/2009 (ecg, COURT STAFF).

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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. and GEORGE WESTON BAKERIES, INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. C 05 00829 (JW) JOINT REPORT RE MEDIATION; PROPOSAL FOR FURTHER PROCEEDINGS

In re BIMBO BAKERIES USA FLSA ACTIONS,

The Court ordered the parties to report on the results of the mediation by August 12, 2009. Pursuant to stipulation, to allow the parties an opportunity to mediate, the Court stayed its decision regarding the three pending certification-related motions, which include the parties' cross-motions regarding class certification under Rule 23 of the Federal Rules of Civil Procedure and defendants' motion for decertification of the conditionally-certified FLSA class.
No. C 05 00829 (JW) JOINT REPORT RE MEDIATION; PROPOSAL FOR FURTHER PROCEEDINGS
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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] Dennis F. Moss [e-mail] 11377 W. Olympic Blvd. Fifth Floor Los Angeles, CA 90064 Tel [phone], Fax [phone]

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The parties participated in a full-day mediation in San Francisco on August 5, 2009 presided over by retired Superior Court Judge William J. Cahill at JAMS. The parties are continuing to discuss further negotiations and to exchange information pertinent to the mediation effort. To enable the parties to complete the exchange of additional information, to accommodate travel out of the country by Defendant's general counsel through August 24, 2009, and to accommodate previously scheduled out of state travel by lead counsel for plaintiffs, Ira Spiro, who has a mediation in New York City during the week of August 10, 2009, the parties jointly request an opportunity to resume and complete discussions, and to report back to the Court no later than August 31, 2009. Therefore, the parties propose the following: 1. That by Monday, August 31, 2009, the parties report to the Court concerning the

status of settlement negotiations. 2 That the Court continue to withhold decision on the three certification-related

motions until Wednesday, September 2, 2009. Dated: August 11, 2009 SPIRO MOSS LLP By: /s/

IRA SPIRO Attorneys for Plaintiffs Dated: August 11, 2009 BINGHAM McCUTCHEN LLP By: /s/ WENDY M. LAZERSON Attorneys for Defendant

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No. C 05 00829 (JW)

JOINT REPORT RE MEDIATION; PROPOSAL FOR FURTHER PROCEEDINGS
A/73114897. 4