Opinion
Case No. CV 09-5748 MMC
11-02-2011
DAVID M. CATHCART, JAMES H. WHITEHEAD, ROBERT W. DECKER, DALE BALDISSERI, individually, and on behalf of all others similarly situated, Plaintiff, v. SARA LEE CORPORATION, SARA LEE BAKERY GROUP, EARTHGRAINS BAKING COMPANIES, INC. (formerly sued as DOE 1) and DOES 2 through 20, Defendants.
MAYER BROWN LLP JOHN NADOLENCO (SBN 181128) JEROME JAUFFRET (SBN 159135) KRISTEN ROWSE (SBN 235294) Attorneys for Defendants SARA LEE CORPORATION, SARA LEE BAKERY GROUP and EARTHGRAINS BAKING COMPANIES, INC. SPIRO MOSS LLP Ira Spiro (SBN 67641) Attorneys for Plaintiffs
MAYER BROWN LLP
JOHN NADOLENCO (SBN 181128)
JEROME JAUFFRET (SBN 159135)
KRISTEN ROWSE (SBN 235294)
Attorneys for Defendants
SARA LEE CORPORATION, SARA LEE
BAKERY GROUP and EARTHGRAINS
BAKING COMPANIES, INC.
SPIRO MOSS LLP
Ira Spiro (SBN 67641)
Attorneys for Plaintiffs
STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND HEARING DATE AND MEDIATION CUT-OFF
[PROPOSED] ORDER
The Honorable Maxine M. Chesney
Complaint filed: December 8, 2009
The parties stipulate as set forth in the numbered paragraphs below, based on the following facts:
A. The Scheduling Order (Dkt. No. 33) set initial deadlines in this case. The Order scheduled, among other things, dates for briefing the parties' motions and cross-motions for summary judgment on two affirmative defenses.
B. The parties have stipulated to extensions of those deadlines, most recently in order to accommodate conflicts for both parties that had arisen with the then scheduled hearing and mediation dates, and to adjust the summary judgment hearing date and mediation cut-off accordingly (see Dkt. No. 67).
C. However, Jerome Jauffret, the attorney for defendants who is the primary drafter of the moving and opposition papers for the motions for partial summary judgment, and is responsible for arguing those motions, has just been diagnosed with a medical condition (herniated disk) which is causing him constant severe pain in his right shoulder, arm and hand, loss of sensation in part of his right hand, and temporary inability to effectively use his right arm and hand even with the use of strong pain medication (Vicodin), which would make travelling to San Francisco and attending the hearing on November 4, 2011 extremely painful and difficult and is not recommended by his physician. Please also note that Mr. Jauffret is right handed. Defendants therefore seek to continue the hearing on the motions for partial summary judgment to December 2, 2011, and Plaintiffs concur. This is earliest available date for the parties because November 11, 2011 and November 25, 2011 are court holidays, and Plaintiffs' counsel is not available on November 18, 2011 because of hearings that date in Southern California in other class actions, one in the morning and one in the afternoon. In addition, the parties believe a successful mediation depends on a ruling on the summary judgment motions. Thus, Defendants propose a continuation of the mediation cut-off deadline, from December 21, 2011 to January 31, 2012, and Plaintiffs concur. The parties have agreed to hold the mediation on any
of the following dates available for the mediator, pending the Court's approval of this stipulation: January 9, 12 or 13, 2012.
D. The current deadlines are as follows:
a. Hearing on above motion and cross-motion: November 4, 2011, 9:00 a.m.E. Note that the discovery and motion deadlines have previously been continued by stipulated order (see Docket Nos. 35, 44, 52, 56, 58, 60, 63 and 67). The deadline to complete mediation has also been continued by stipulated order, to fall after the hearing on the parties' motions for summary judgment (see Docket Nos. 54, 58, 60, 63 and 67).
b. Deadline to complete mediation December 21, 2011
F. Note also that the deadline for Plaintiffs to file a motion for class certification is not until March 23, 2012. The hearing on the motion for class certification is scheduled for July 20, 2012. There is no trial date scheduled, but after the hearing on the motion for class certification, a Case Management Conference is scheduled for August 31, 2012. This stipulation does not seek to move those dates.
WHEREFORE, THE PARTIES STIPULATE and request that the Court order that the Scheduling Order (Docket No. 33) be modified to reflect the deadlines listed below:
1. Hearing on partial motions for summary judgment:
Continue from November 4, 2011 to December 2, 2011.
2. Deadline to complete mediation:
Continue from December 21, 2011 to January 31, 2012.
In compliance with General Order No. 45 (X), as filing party, Defendants attest that all signatories below concur in the filing of this document.
MAYER BROWN LLP
JOHN NADOLENCO
JEROME JAUFFRET
KRISTEN ROWSE
John Nadolenco
Attorneys for Defendants
SARA LEE CORPORATION, SARA LEE
BAKERY GROUP and EARTHGRAINS
BAKING COMPANIES, INC.
SPIRO MOSS LLP
BY: Ira Spiro
Attorneys for Plaintiffs
[PROPOSED] ORDER
SO ORDERED as stated in paragraphs 1 and 2 above.
MAXINE M. CHESNEY
United States District Judge