Free Stipulation and Order - District Court of California - California

Case 5:07-cv-03156-JW

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Bingham McCutchen LLP WENDY M. LAZERSON (SBN 97285) CAROLYN B. HALL (SBN 212311) 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: 650.849.4400 Facsimile: 650.849.4800 Email: [email protected] Attorneys for Defendants BIMBO BAKERIES USA, INC. and GEORGE WESTON BAKERIES, INC. Spiro Moss Barness LLP IRA SPIRO (SBN 67641) DENNIS F. MOSS (SBN 77512) TEL.: 310.235.2468 FAX: 310.235.2456 11377 W. Olympic Blvd., Fifth Floor Los Angeles, CA 90064 Telephone: 310.235.2468 Facsimile: 310.235.2456 Attorneys for Plaintiffs THOMAS LEONARD, et al. Gigliotti & Gigliotti, LLP JOSEPH J. GIGLIOTTI (SBN 144979) 434 East Chapman Avenue Fullerton, CA 94832 Telephone: 714.879.1712 Facsimile: 714.879.3439 Attorneys for Plaintiffs KATHLEEN MORRISON, et al.

Langford & Langford, a PLC MICHAEL S. LANGFORD (SBN 125756) 1502 North Broadway Santa Ana, CA 92706 Telephone: 714.953.9700 Facsimile: 714.953.9797 Attorneys for Plaintiffs KATHLEEN MORRISON, et al.

Walsh & Walsh, PC MICHAEL J. WALSH (SBN 155401) 420 Exchange, Suite 270 Irvine, CA 92602 Telephone: 714.544.6609 Facsimile: 714.544.6621 Attorneys for Plaintiffs KATHLEEN MORRISON, et al.

Ginez, Steinmetz & Associates RUDY GINEZ, JR. (SBN 84978) 926 North Flower Street Santa Ana, CA 92703 Telephone: 714.541.2251 Facsimile: 714.541.5807 Attorneys for Plaintiffs KATHLEEN MORRISON, et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THOMAS LEONARD, et al., Plaintiffs, v. BIMBO BAKERIES USA, INC., et al., Defendants.
A/72257442.2/3003187-0000313787

No. C 05-00829 JW No. C 05-00829 JW No. C 07-03156 JW (HRL) STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 Judge: Hon. James Ware

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 C 05-00829 JW (HRL)

Case 5:07-cv-03156-JW

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KATHLEEN MORRISON, et al., Plaintiffs, v. BIMBO BAKERIES USA, INC., et al., Defendants.

No. C 07-03156 SI (reassigned to Judge James Ware) STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 Judge: Hon. James Ware

Pursuant to Northern District Civil Local Rules 6-2 and 7-12, Plaintiffs Thomas Leonard et al., Plaintiffs Kathleen Morrison et al., Defendant Bimbo Bakeries USA, Inc. ("BBU"), and Defendants George Weston Bakeries, Inc. (together, the "Parties"), respectfully request that the Court permit the Parties to continue the hearing date for the Case Management Conference, currently calendared for October 29, 2007, by three weeks, to November 19, 2007, and to continue the due date for the Parties' Joint Case Management Conference Statement accordingly. The Parties request that the Court grant the foregoing continuance because the Parties did not receive the Order scheduling the October 29, 2007 Case Management Conference for both actions, and granting in part BBU's Motion for Summary Judgment in the Leonard action, denying the Leonard Plaintiffs' Motion for Partial Summary Judgment in the Leonard action, ordering that the Leonard action and the Morrison action be related and that the Morrison action be reassigned to the Department of the Honorable James Ware until October 10, 2007, 12 days after the Court had signed the Order. See Declaration of Wendy M. Lazerson in Support of Stipulation and [Proposed] Order to Continue Case Management Conference, ¶ 2. In view of the foregoing, the parties have not had an adequate opportunity to meet and confer and file a joint statement for the conference now scheduled for October 29, 2007 and will not have an adequate opportunity to do so by October 19, 2007, the date the joint statement is currently due. Given the especially large number of issues decided by the Court and the complication of having two related actions, the Parties jointly request additional time to consider the import of the Court's Order and meet and confer about the future course of this action. Permitting this brief //
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 C 05-00829 JW (HRL)

Case 5:07-cv-03156-JW

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continuance will enable the Parties to engage in a more meaningful meet and confer process and better advise the Court of the status of the action and proposed upcoming events. Pursuant to Local Rule 6-12, all other previous time modifications and the effect that the requested continuance would have on these actions are set forth in the accompanying Declaration of Wendy M. Lazerson. STIPULATION IT IS THEREFORE STIPULATED by Plaintiffs and Defendants, being all parties of record to these two related actions, that, based on the above-stated facts and subject to the Court's approval, the Court order as follows: 1. The hearing date for the Case Management Conference shall be continued by three weeks, to November 19, 2007 at 10:00 a.m., or to a later date more convenient to the Court. // // // // // // // // // // // // // // // // //
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 C 05-00829 JW (HRL)

Case 5:07-cv-03156-JW

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2. The Parties shall file a joint Case Management Statement no later than November 9, 2007.

DATED: October 18, 2007 Bingham McCutchen LLP

By:

/s/ Wendy M. Lazerson Attorneys for Defendants BIMBO BAKERIES USA, INC. and GEORGE WESTON BAKERIES, INC.

DATED: October 18, 2007 Spiro Moss Barness LLP

By:

/s/ Ira Spiro Attorneys for Plaintiffs THOMAS LEONARD, et al.

DATED: October 18, 2007 Gigliotti & Gigliotti, LLP

By:

/s/ Joseph J. Gigliotti Attorneys for Plaintiffs KATHLEEN MORRISON, et al.

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 C 05-00829 JW (HRL)

Case 5:07-cv-03156-JW

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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. This is the parties' final continuance.

October 22, 2007 DATED: _____________________

_____________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCTOBER 29, 2007 C 05-00829 JW (HRL)