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

Filing 469

ORDER CONTINUING STATUS CONFERENCE re 468 Status Report. Joint Status Report Statement or deadline to file the appropriate Joint Motion for Approval of Settlement Agreement due 11/6/2009. Status Conference set for 11/16/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 10/23/2009. (ecg, COURT STAFF) (Filed on 10/23/2009)

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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 Telephone: [phone], Facsimile: [phone] Attorneys for Plaintiffs Thomas Leonard et al. WALSH & WALSH, PC Michael J. Walsh, State Bar No. 155401 [e-mail] 420 Exchange, Suite 270 Irvine, California 92602 Telephone: [phone] Facsimile: [phone] Attorneys for plaintiffs Kathleen Morrison et al. (Additional Attorneys for Plaintiffs at End of Document) Wendy M. Lazerson (SBN 97285) [e-mail] Carolyn B. Hall (SBN 212311) [e-mail] BINGHAM MCCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant BIMBO BAKERIES USA, INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

No. C 05 00829 (JW) In re BIMBO BAKERIES USA FLSA ACTIONS JOINT REPORT ON STATUS OF SETTLEMENT AND PROPOSED ORDER RE FURTHER PROCEEDINGS ORDER CONTINUING STATUS Complaint filed: February 25, 2005 CONFERENCE Judge: Hon. JAMES WARE

No. C 05 00829 (JW)

JOINT REPORT ON STATUS OF SETTLEMENT AND PROPOSED ORDER

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The Court previously 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 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. As a result of the mediation process, the parties reached an agreement on the material terms of a settlement and began to work on a proposed written stipulation for settlement. The parties originally estimated that such an agreement could be ready to be submitted to the court within 30 days from the date of their most recent submission to the Court on September 18, 2009. In light of the parties' representation, the Court set a Status Conference re: Settlement for October 26, 2009 at 10 a.m. and further ordered that, on or before October 16, 2009, the parties were to file a Joint Status Report or Motion for Approval of Settlement. Since September 18, 2009, a written settlement agreement has been drafted and circulated by defense counsel for comment by plaintiffs' counsel. The plaintiffs have prepared several proposed changes to the original draft, which counsel are now reviewing. The parties are optimistic that they can reconcile the remaining disputes within the next two weeks, and that a final agreement can be ready for execution and submission to the court no later than the first week of November 2009. //
No. C 05 00829 (JW)

JOINT REPORT ON STATUS OF SETTLEMENT AND PROPOSED ORDER

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Therefore, the parties propose the following: That the parties provide an updated report to the Court concerning the status of drafting and execution of the written settlement agreement no later than October 23, 2009 and, in the event the parties are unable to resolve issues regarding settlement documents, appear at the scheduled status conference on October 26, 2009, or plaintiffs could file a motion for preliminary approval prior to that date if the parties do reach agreement as to the terms of the settlement documents. DATED: October 16, 2009 BINGHAM MCCUTCHEN LLP

By: /s/ Wendy M. Lazerson Attorneys for Defendant DATED: October 16, 2009 SPIRO MOSS LLP

By: /s/ Ira Spiro Attorneys for Plaintiffs DATED: October 16, 2009 WALSH & WALSH, P.C.

By: /s/ Michael J. Walsh Attorneys for Plaintiffs

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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 October October 23, 2009 Dated: ______, 2009

ORDER Good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS: In light of the parties' representation, the parties shall provide an updated Joint Status Report to the Court concerning the status of drafting and execution of the written settlement agreement no later than October 23, 2009. In the event the parties are unable to resolve issues Based the parties' representation, the shall appear at the Status Conference from regarding settlement documents, the partiesCourt continues the scheduled status conference on October 26, 2009 to November 16, 2009 at 10 a.m. to provide the parties with additional Octoberreduce their settlement intohave filed aOn or before Novemberapproval prior to that time to 26, 2009, unless plaintiffs a writing. motion for preliminary 6, 2009, the parties shall date. file a Joint Status Statement to update the Court or file the appropriate Joint Motion for Approval of Settlement Agreement. _____________________________________ HON. JAMES WARE United States District Judge

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