Campos et al v. Posh Bakery Holding Company, Inc. et al

Filing 11

STIPULATION AND ORDER TO CONTINUE INITIAL DISCLOSURES AND INITIAL CASE MANAGEMENT CONFERENCE re 10 Stipulation filed by Posh Bakery Holding Company, Inc. Signed by Judge Patricia V. Trumbull on September 16, 2010. (pvtlc2, COURT STAFF) (Filed on 9/16/2010)

Campos et al v. Posh Bakery Holding Company, Inc. et al

Doc. 11

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 27 28
Davenport Gerstner & McClure
1990 N. California Blvd. Suite 650 Walnut Creek, CA 94596 [phone] Fax [phone]

TEPHEN THOMAS DAVENPORT, JR. #88208 JEFFREY G. McCLURE #152974 DAVENPORT GERSTNER & McCLURE 1990 N. California Blvd., Suite 650 Walnut Creek, California 94596 Telephone: [phone] Fax: [phone] Attorneys for Defendants, The Posh Bakery, Inc., Jeffrey Ottoveggio, and Cheryl Lee

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JORGE ALBERTO CAMPOS, ENEYDA MENDOZA, ELISABETH VASQUEZ, FRANCISCO HERNANDEZ, and RICARDO LOPEZ, Plaintiffs, vs. POSH BAKERY HOLDING COMPANY, INC. dba POSH BAKERY, INC., JEFFREY OTTOVEGGIO, CHERYL LEE, and DOES 1 through 10, Defendants.

No. CV 10-02873 PVT

STIPULATION TO CONTINUE INITIAL DISCLOSURES AND INITIAL CASE MANAGEMENT CONFERENCE
XXXXXXXXXXXXX ORDER THEREON (proposed)

Plaintiffs Jorge Alberto Campos, Eneyda Mendoza, Elisabeth Vasquez, Francisco Hernandez, and Ricardo Lopez, and Defendants The Posh Bakery, Inc., sued incorrectly herein as "Posh Bakery Holding Company, Inc.", Jeffrey Ottoveggio, and Cheryl Lee, by and through their respective attorneys of record, hereby submit the following Stipulation requesting that the dates for Initial Disclosures and the Initial Case Management Conference be continued, as follows: 1. Initial disclosures in this action are due September 14, 2010 and the Initial Case

Management Conference is scheduled for September 21, 2010 at 2:00 p.m. in Courtroom No. 5. 2.
1 STIPULATION TO CONTINUE INITIAL DISCLOSURES AND INITIAL CMC ORDER THEREON (proposed)

This is a wage and hour action on behalf of Plaintiffs alleging a failure to properly

S

Dockets.Justia.com

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 27 28
Davenport Gerstner & McClure
1990 N. California Blvd. Suite 650 Walnut Creek, CA 94596 [phone] Fax [phone]

ay overtime wages and for recovery of related penalties and fees. 3. The parties through counsel have met and conferred regarding the preliminary

issues on this case, and agree that in order to meaningfully investigate and evaluate the merits and defenses in this action it will be necessary to review Plaintiffs' payroll records, time cards, personnel files and other employment records. 4. However, Defendants do not currently have possession, custody or control of

Plaintiffs' payroll records, time cards, personnel files and other employment records, and are therefore unable to make an initial disclosure thereof, because these documents have been seized by the Santa Clara County District Attorney in connection with an on-going criminal investigation. 5. Both parties believe that the initial Case Management Conference is premature

because they will not be able to meaningfully investigate and evaluate the merits and defenses in this action until they have had access to Plaintiffs' payroll records, time cards, personnel files and other employment records which are currently in the possession of the District Attorney. 6. The attorneys who represent the Posh Bakery, Inc. and Cheryl Lee separately with

regard to said criminal investigation, Michael Stepanian and John Williams, are currently scheduled to meet with the District Attorney regarding the criminal investigation on September 24, 2010, at which time Mr. Stepanian will request that the District Attorney release or allow access to said records for purposes of the instant litigation. Mr. Stepanian advises, however, that the decision whether to release or allow access to said documents remains with the District Attorney. 7. Therefore, the parties respectfully request that the Court extend the time for making

initial disclosures for 90 days and reschedule the initial Case Management Conference to a date following the extended date for initial disclosures in order to allow time to obtain access to the records from the District Attorney. /// /// ///
2 STIPULATION TO CONTINUE INITIAL DISCLOSURES AND INITIAL CMC ORDER THEREON (proposed)

p

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 27 28
Davenport Gerstner & McClure
1990 N. California Blvd. Suite 650 Walnut Creek, CA 94596 [phone] Fax [phone]

ated: September 14, 2010.

DAVENPORT GERSTNER & McCLURE /s/ Stephen Thomas Davenport, Jr. _________________________________________ Stephen Thomas Davenport, Jr. Attorneys for Defendants, The Posh Bakery, Inc., Jeffrey Ottoveggio, and Cheryl Lee

Dated: September 14, 2010

/s/ Adam Pedersen _________________________________ ADAM PEDERSEN, Attorneys for Plaintiffs /s/ Adam Wang ___________________________________ ADAM WANG, Attorneys for Plaintiffs

Dated: September 14, 2010

*********************************************************** [PROPOSED] ORDER GOOD CAUSE APPEARING, pursuant to the parties' stipulation, the Court orders as follows: 1. 2.
December 16, 2010 Initial disclosures shall be due on ______________________________, 2010.

The initial Case Management Conference shall be continued from September 21,

January 12, 2011 2010 to ___________________________________, XXXXXat 2:00 p.m. 2010

September 16 Dated: __________________, 2010.

_________________________________________ United States Magistrate Judge

3 STIPULATION TO CONTINUE INITIAL DISCLOSURES AND INITIAL CMC ORDER THEREON (proposed)

D