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

Filing 478

STIPULATION AND ORDER to Continue Hearing for Preliminary Approval of Settlement from 12/21/2009 to 1/25/2010 re 477 Amended Document. Motion Hearing set for 1/25/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/16/2009. (ecg, COURT STAFF) (Filed on 12/16/2009)

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Wendy M. Lazerson (SBN 97285) Carolyn B. Hall (SBN 212311) 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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SPIRO MOSS BARNESS LLP Ira Spiro, State Bar No. 67641 [e-mail] 11377 W. Olympic Blvd. Fifth Floor Los Angeles, CA 90064 Tel [phone], Fax [phone]

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Attorneys for Plaintiffs Thomas Leonard et al. (Additional Attorneys for Plaintiffs at End of Document) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C 05 00829 (JW) In re BIMBO BAKERIES USA FLSA ACTIONS AMENDED STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF DECEMBER 21, 2009 HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT Complaint filed: Judge: February 25, 2005 Hon. JAMES WARE

CASE NO. 05-00829
AMENDED STIPULATION & [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

A/73242548.2

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Plaintiffs Leonard, Bradaric, Hoskins, Newman, Herr, Harrison, Jeter, Motte, Morrison, Castro and Terusa, and defendant Bimbo Bakeries USA, Inc. ("BBU"), being all the parties of record in this action, by and through their respective attorneys, stipulate as set forth in the "STIPULATION" portion of this document below, based on the following circumstances: As the parties have previously jointly reported to the Court, the parties participated in two full-day mediations, on August 5, 2009 and September 16, 2009, respectively, which resulted in agreement on the material terms of a settlement, and the parties have been working on drafting and revising the written settlement agreement. Based on the parties' representation as to the progress in resolving their remaining disputes over language in the settlement agreement, the Court continued the Status Conference several times, most recently setting it for December 7, 2009. On December 3, 2009, the Court issued an order vacating the December 7, 2009 Status Conference and setting a hearing on the anticipated Motion for Preliminary Approval of Settlement for December 14, 2009, ordering the parties to file by December 7, 2009 all necessary briefs and proposed orders for the Court's consideration. On December 3, 2009, the parties requested a further continuance to December 21, 2009. On December 7, 2009, the Court issued an order continuing the hearing to December 21, 2009, ordering the parties to file all necessary briefs and proposed orders on December 14, 2009. The parties have been working a great deal on the settlement documents, and counsel for plaintiffs report they have worked a great deal on the motion for preliminary approval. Counsel for plaintiffs and defendant were e-mailing each other during this past weekend concerning settlement documents. The parties are very close to finalizing the settlement documents, but they are not finalized and ready to be filed by December 14, 2009. Plaintiffs expect to distribute the draft motion for approval promptly upon the full execution of the agreement, and defendant wishes to review the draft motion for preliminary approval before it is filed. Accordingly, the parties respectfully request a further continuance of the hearing on the Motion for Preliminary Approval of Settlement.
CASE NO. 05-00829
AMENDED STIPULATION & [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

A/73242548.2

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 DATED: December 15, 2009 DATED: December 15, 2009 In view of the foregoing:

STIPULATION

IT IS THEREFORE STIPULATED BY ALL PARTIES as follows: The parties stipulate that the hearing on the Motion for Preliminary Approval of Settlement shall be continued from December 21, 2009 at 9:00 a.m. to the Court's next available hearing date. The parties further stipulate that the Motion for Preliminary Approval and all necessary briefs and proposed orders shall be filed on or before the date the Court sets corresponding to the continued hearing date. BINGHAM MCCUTCHEN LLP By: /s/ Carolyn B. Hall Attorneys for Defendant SPIRO MOSS BARNESS HARRISON & BARGE LLP By: /s/ Ira Spiro Attorneys for Plaintiffs Additional Attorneys for Plaintiffs are listed below: 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. WALSH & WALSH, PC Michael J. Walsh (SBN 155401) [e-mail] 420 Exchange, Suite 270 Irvine, California 92602 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. 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.

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AMENDED STIPULATION & [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

A/73242548.2

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AMENDED STIPULATION & [PROPOSED] ORDER FOR CONTINUANCE OF HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

ORDER Good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS: The hearing on the Motion for Preliminary Approval of Settlement shall take continuedMonday, ________________, 2010 at _________ am./p.m. On or before place on from December 21, 2009 to January 25, 2010 at 9 a.m. On or before January 15, 2009, ____________________, necessary briefs shall file all necessary briefs and proposed orders the parties shall file all the 2009, the parties and proposed orders for the Court's consideration. for the Court's consideration.

December 16, 2009 Dated: December ___,2009

_____________________________________ HON. JAMES WARE United States District Judge

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