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

Filing 467

ORDER TERMINATION MOTIONS; SETTING STATUS CONFERENCE RE: SETTLEMENT. Signed by Judge James Ware on September 30, 2009. (jwlc1, COURT STAFF) (Filed on 9/30/2009)

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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 BINGHAM MCCUTCHEN LLP WENDY M. LAZERSON (SBN 97285) CAROLYN B. HALL (SBN 212311) 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: (650) 849-4400 Facsimile: (650) 849-4800 wendy.lazerson@bingham.com carolyn.hall@bingham.com Attorneys for Defendants BIMBO BAKERIES USA., INC. ER N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. C 05 00829 (JW) ORDER TERMINATION MOTIONS; FURTHER JOINT REPORT RE MEDIATION SETTING STATUS CONFERENCE RE: SETTLEMENT 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; a further extension to September 9, 2009 by order dated September 3, 2009; and a further extension to September 18, 2009 by order dated September 11, 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 No. C 05 00829 (JW) FURTHER JOINT REPORT RE MEDIATION A/73148470.1 A C LI FO Attorneys for Plaintiffs Thomas Leonard et al. mes Wa Judge Ja re R NIA SPIRO MOSS LLP Ira Spiro, State Bar No. 67641 ira@spiromoss.com Dennis F. Moss dennisfmoss@yahoo.com 11377 W. Olympic Blvd. Fifth Floor Los Angeles, CA 90064 Tel (310) 235-2468, Fax (310) 235-2456 UNIT ED S S DISTRICT TE C TA ERED O ORD D IT IS S DIFIE AS MO RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 participated in another full-day mediation in San Francisco on September 16, 2009 presided over by mediator Mark S. Rudy, Esq. The parties report the following to the Court: 1. 2. motions. 3. The parties will submit a stipulation to settlement within thirty days. SPIRO MOSS LLP By: /s/ The parties have reached an agreement as a result of mediation. The parties request that the Court not rule on the three certification-related Dated: September 18, 2009 IRA SPIRO Attorneys for Plaintiffs Dated: September 18, 2009 BINGHAM McCUTCHEN LLP By: /s/ WENDY M. LAZERSON Attorneys for Defendant 20 *** ORDER *** 21 In light of the parties' representation, the Court finds good cause to vacate all pretrial and trial conferences and deadlines. In addition, the Court deems all pending Motions as withdrawn and orders 22 the Clerk of Court to terminate them from the docket. (Docket Item Nos. 421, 424, 428.) The Court 23 sets a Status Conference re: Settlement for October 26, 2009 at 10 a.m. On or before October 16, 2009, the parties shall either file a Joint Status Report or Motion for Approval of Settlement. 24 25 Dated: October 2, 2009 September 30, 2009 26 __________________________ JAMES WARE United States District Judge 2 No. C 05 00829 (JW) FURTHER JOINT REPORT RE MEDIATION A/73148470.1

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