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

Filing 471

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE RE SETTLEMENT re 470 Status Report. On or before 11/16/2009, the parties shall either file a Joint Status Report to update the Court or file the appropriate Motion for Approval of Settlement Agreement. Status Conference set for 12/7/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/12/2009. (ecg, COURT STAFF) (Filed on 11/12/2009)

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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 Complaint filed: Judge: February 25, 2005 Hon. JAMES WARE

Case No. 00829 (JW)

JOINT REPORT ON STATUS OF SETTLEMENT AND PROPOSED ORDER
A/73191393.1

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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.

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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. On October 23, 2009, the Court issued an order continuing the Status Conference to November 16, 2009 at 10 a.m. with a Joint Status Report or Motion for Approval of Settlement Agreement to be filed by November 6, 2009. Since September 18, 2009, a written settlement agreement has been drafted and circulated by defense counsel for comment by plaintiffs' counsel. Counsel for the parties have continued to meet and confer to resolve issues in connection with the settlement agreement. On November 4, 2009, counsel for the parties participated in a conference call with the mediator, Mark Rudy, resulting in significant progress in moving toward resolution of those issues. The parties remain
Case No. 00829 (JW)

JOINT REPORT ON STATUS OF SETTLEMENT AND PROPOSED ORDER
A/73191393.1

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optimistic that they can reconcile the remaining disputes within the next two weeks, and anticipate that a final agreement can be ready for execution and submission to the court by the week of November 16, 2009. Therefore, the parties propose the following: That the parties provide an updated Joint Status Statement to update the Court regarding the status of settlement negotiations or file a motion for preliminary approval of the settlement agreement no later than November 16, 2009 and that the Court continue the Status Conference from November 16, 2009 to November 23, 2009 at 10:00 a.m. DATED: November 6, 2009 BINGHAM MCCUTCHEN LLP

By: /s/ Wendy M. Lazerson Attorneys for Defendant DATED: November 6, 2009 SPIRO MOSS LLP

By: /s/ Ira Spiro Attorneys for Plaintiffs DATED: November 6, 2009 WALSH & WALSH, P.C.

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

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Additional Attorneys for Plaintiffs: LANGFORD & LANGFORD, a PLC Michael S. Langford (SBN 125756) 24681 La Plaza, Suite 220 Dana Point, California 92629 [e-mail] Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al. GINEZ, STEINMETZ & ASSOCIATES Rudy Ginez, Jr. (SBN 84978) 926 North Flower Street Santa Ana, California 92703 Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al. // // // // // // // // // // // // // // // // GIGLIOTTI & GIGLIOTTO, L.L.P Joseph J. Gigliotti (SBN 144979) [e-mail] 434 East Chapman Avenue Fullerton, California 92832 Telephone: [phone] Fax: [phone] Attorneys for Kathleen Morrison et al.

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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 November ____, 2009 Dated: November 12, 2009

ORDER Good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS: In light of the parties' representation, the Court finds good cause to vacate the Status Conference re: Settlement set for November 16, 2009 at 10 a.m. The Court sets a Status December 7, 2009 at 10 a.m. Conference re: Settlement for November 23,2009 at 10 a.m. On or before November 16, 2009, the parties shall either file a Joint Status Report to update the Court or file the appropriate Motion for Approval of Settlement Agreement. _____________________________________ HON. JAMES WARE United States District Judge

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