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

Filing 464

ORDER GRANTING EXTENSION OF TIME TO COMPLETE MEDIATION PROCEEDINGS AND DEFERRING RULING ON MOTION re 463 Status Report, 462 Status Report. Signed by Judge James Ware on 09/11/2009. (ecg, COURT STAFF) (Filed on 9/11/2009)

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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) FURTHER 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 and granted an extension to August 31, 2009 by order dated August 20, 2009, and a further extension to September 9, 2009 by order dated September 3, 2009. On September 9, 2009, counsel for the parties filed a Further Joint Report to inform the Court that the parties were discussing having another mediation session next week.

No. C 05 00829 (JW) FURTHER JOINT REPORT RE MEDIATION
A/73140794.1

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Attorneys for Plaintiffs Thomas Leonard et al.

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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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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. 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 have agreed to have another mediation session on Wednesday, September 16, 2009. Therefore, the parties propose the following: 1. That by Friday, September 18, 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 Monday, September 21, 2009. Dated: September 10, 2009 SPIRO MOSS LLP By: /s/

IRA SPIRO Attorneys for Plaintiffs Dated: September 10, 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
A/73140794.1