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

Filing 28

STIPULATION AND ORDER TO EXTEND TIME TO COMPLETE MEDIATION re 27 Stipulation filed by Posh Bakery Holding Company, Inc. Signed by Judge Paul S. Grewal on April 28, 2011. (psglc1, COURT STAFF) (Filed on 4/28/2011)

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STEPHEN 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]

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Attorneys for Defendants, The Posh Bakery, Inc., Jeffrey Ottoveggio, and Cheryl Lee

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JORGE ALBERTO CAMPOS, ENEYDA
MENDOZA, ELISABETH VASQUEZ,
FRANCISCO HERNANDEZ, and
RICARDO LOPEZ,
Plaintiffs,
vs.

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No. CV 10-02873 PVT

STIPULATION TO EXTEND TIME
TO COMPLETE MEDIATION

POSH BAKERY HOLDING COMPANY,
INC. dba POSH BAKERY, INC.,
JEFFREY OTTOVEGGIO, CHERYL
LEE, and DOES 1 through 10,

XXXXXXXXXXXX
ORDER THEREON (proposed)

Defendants.

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Plaintiffs Jorge Alberto Campos, Eneyda Mendoza, Elisabeth Vasquez, Francisco

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Hernandez, and Ricardo Lopez, and Defendants The Posh Bakery, Inc., sued incorrectly herein as

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“Posh Bakery Holding Company, Inc.”, Jeffrey Ottoveggio, and Cheryl Lee, by and through their

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respective attorneys of record, hereby submit the following Stipulation requesting that the time to

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complete mediation be extended, as follows:

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

1.

In its Case Management Conference Order, filed January 12, 2011 (Docket No. 22),

the Court ordered the parties to participate in mediation no later than April 7, 2011.
2.

The parties scheduled mediation with Court appointed mediator Alan Berkowitz for
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STIPULATION TO EXTEND TIME TO COMPLETE MEDIATION
ORDER THEREON (proposed)

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April 7, 2011. Unfortunately, it was not possible to complete the mediation because Defendants’

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attorneys had not yet received the payroll records, time cards, personnel files and other

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employment records which are necessary to investigate and evaluate the merits and defenses in this

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action.

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3.

This is a wage and hour action in which Plaintiffs allege a failure to properly pay

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overtime wages and seek to recover the allegedly unpaid wages and related penalties and fees.

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The parties agree that in order to meaningfully investigate and evaluate the merits and defenses in

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this action it will be necessary to review Plaintiffs’ payroll records, time cards, personnel files and

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other employment records. However, those records were seized by the Santa Clara County

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District Attorney in connection with an on-going criminal investigation and are now in the

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possession of the California Department of Insurance (“CDI”).

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4.

Defendants’ attorneys made arrangements to inspect and copy the documents at the

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CDI offices in Morgan Hill on March 23, 2011. However, the CDI only allowed Defendants’

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attorney to inspect 11 out of approximately 90 boxes of documents. While some payroll records

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for some of the Plaintiffs were included in the 11 boxes which were inspected, the records which

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are crucial to evaluating this action were not, including Plaintiffs’ time cards and pay stubs.

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5.

Since Defendants’ attorneys were unable to meaningfully evaluate the merits of and

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defenses to this action prior to the mediation scheduled for April 7, 2011, the parties agreed that it

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would not be productive to proceed with the mediation on that date. Therefore, the scheduled

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mediation was cancelled.

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6.

On April 11, 2011, Defendants’ attorneys learned that the criminal case has been

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resolved and that as a result the District Attorney and CDI will return Defendants’ records,

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although the documents may not actually be returned to Defendants for between 4 to 8 weeks.

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7.

Therefore, the parties respectfully request that the Court extend the time for

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completing the mediation until July 15, 2011, in order to allow time for Defendants to regain

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possession of their records from the District Attorney and CDI and to evaluate the merits of and

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potential defenses to this action.

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///

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

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STIPULATION TO EXTEND TIME TO COMPLETE MEDIATION
ORDER THEREON (proposed)

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Dated: April 11, 2011.

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

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Dated: April 27, 2011.

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LAW OFFICES OF ADAM WANG
/s/ Adam Pedersen
_____________________________________________
ADAM PEDERSEN,
Attorneys for Plaintiffs, Jorge Alberto Campos, Eneyda
Mendoza, Elisabeth Vasquez, Francisco Hernandez, and
Ricardo Lopez

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***********************************************************

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ORDER
(proposed)

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GOOD CAUSE APPEARING, pursuant to the parties’ stipulation, the Court orders as
follows:
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The time to complete mediation shall be extended to July 15, 2011.

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Dated: April ____, 2011.

_________________________________________
United States Magistrate Judge

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

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STIPULATION TO EXTEND TIME TO COMPLETE MEDIATION
ORDER THEREON (proposed)