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

Filing 461

ORDER GRANTING 460 Status Report. By 9/9/2009, the parties report to the Courtconcerning the status of settlement negotiations. The Court will continue to withhold decision on the three certification-related motions until 9/11/2009. Signed by Judge James Ware on 9/3/2009. (ecg, COURT STAFF) (Filed on 9/3/2009)

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Attorneys for Plaintiffs Thomas Leonard et al. 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) FURTHER JOINT REPORT RE MEDIATION; PROPOSAL FOR FURTHER PROCEEDINGS ORDER SETTING FURTHER STATUS REPORT

In re BIMBO BAKERIES USA FLSA ACTIONS,

The Court ordered the parties to report on the results of the mediation by August 12, 2009 and granted an extension to August 31, 2009 by order dated August 20, 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

No. C 05 00829 (JW) FURTHER JOINT REPORT RE MEDIATION; PROPOSAL FOR FURTHER PROCEEDINGS
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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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regarding class certification under Rule 23 of the Federal Rules of Civil Procedure and defendants' motion for decertification of the conditionally-certified FLSA class. 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, with the continued assistance of Judge Cahill. Counsel for the parties spent long hours negotiating and exchanging settlement-related information during this past weekend, August 29 and 30, 2009, and many hours today, August 31, 2009. Counsel spoke by telephone with the mediator today. The parties agree that additional time to negotiate would be beneficial and thus jointly request a further opportunity to continue discussions, and to report back to the Court no later than September 9, 2009. Therefore, the parties propose the following: 1. That by Wednesday, September 9, 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 Friday, September 11, 2009. Dated: August 31, 2009 SPIRO MOSS LLP By: /s/

IRA SPIRO Attorneys for Plaintiffs Dated: August 31, 2009 BINGHAM McCUTCHEN LLP By: /s/ WENDY M. LAZERSON Attorneys for Defendant

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No. C 05 00829 (JW)

FURTHER JOINT REPORT RE MEDIATION; PROPOSAL FOR FURTHER PROCEEDINGS
A/73133005.1