Opinion
Case No. C 07-02505 TEH EDL
11-28-2011
ALEX GALVEZ, an individual, MARC GARVEY, an individual, and on behalf of all other similarly situated, Plaintiffs, v. FEDERAL EXPRESS INC., a Delaware Corporation, and DOES 1-500, inclusive, Defendants.
DANIEL L. FEDER, Bar No. 130867 LAW OFFICES OF DANIEL L. FEDER MICHAEL VON LOEWENFELDT, Bar No. 178665 MICHAEL NG, Bar No. 237915 CHERYL LEMA MACKEY (273029) KERR & WAGSTAFFE LLP Attorneys for Plaintiffs ALEX GALVEZ, MARC GARVEY, and all others similarly situated SANDRA C. ISOM, Bar No. 157374 FEDERAL EXPRESS CORPORATION Attorneys for Defendant FEDERAL EXPRESS CORPORATION
DANIEL L. FEDER, Bar No. 130867
LAW OFFICES OF DANIEL L. FEDER
MICHAEL VON LOEWENFELDT,
Bar No. 178665
MICHAEL NG, Bar No. 237915
CHERYL LEMA MACKEY (273029)
KERR & WAGSTAFFE LLP
Attorneys for Plaintiffs
ALEX GALVEZ, MARC GARVEY,
and all others similarly situated
SANDRA C. ISOM, Bar No. 157374
FEDERAL EXPRESS CORPORATION
Attorneys for Defendant
FEDERAL EXPRESS CORPORATION
STIPULATION TO CONTINUE THE JOINT
CASE MANAGEMENT CONFERENCE AND
PROPOSED ORDER THEREON
CMC: December 5, 2011
Time: 1:30 p.m.
Trial Date: None Set
Plaintiffs and Defendant file this Stipulation to Continue the Joint Case Management Conference pursuant to Local Rules 7-12 and 16-2(e), based upon the following grounds:
WHEREAS a Case Management Conference is set for December 5, 2011 at 1:30 p.m.
WHEREAS at the prior Case Management Conference the Court suggested that if nothing has occurred in the Brinker v. Superior Court matter, which addresses the substantive law on meal and rest breaks, the parties may file a stipulation to continue the Case Management Conference 60-90 days;
WHEREAS the California Supreme Court heard oral argument in the Brinker case on November 8, 2011. Pursuant to the California Supreme Court's Internal Operating Practices and Procedures No. 10, opinions are generally filed within 90 days after submission. A decision in Brinker is thus anticipated in early February 2012. The parties thus desire a short period of time after its anticipated publication to analyze Brinker and prepare the Joint Case Management Statement.
THEREFORE, pursuant to Local Rules 7-12 and 16-2(e), the parties stipulate and request as follows:
That the Case Management Conference be continued to March 5, 2012, if such date is convenient for the Court, or the first available date thereafter on or after March 19, 2012. The Joint Case Management Conference Statement will be filed seven (7) days before the conference. The parties may appear by telephone for further Case Management Conferences, unless otherwise directed by the Court. Counsel for Defendant shall inital the call and then conference in the Court. If any party desires to make a personal appearance at a Case Management Conference, that party shall notify opposing counsel and the Court's Calendar Clerk/Courtroom Deputy prior to the date of the Case Management Conference.
FOR PLAINTIFFS:
By: _______________
Michael Von Loewenfeldt
MICHAEL VON LOEWENFELDT
KERR & WAGSTAFFE LLP
Attorneys for Plaintiffs Alex Galvez,
Marc Garvey, and all others similarly situated
FOR DEFENDANT:
By: _______________
Sandra C. Isom
SANDRA C. ISOM
FEDERAL EXPRESS CORPORATION
Attorneys for Defendant
Federal Express Corporation
ORDER ON STIPULATION
PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference is continued to March 5 , 2012, at 1:30 p.m. The Joint Case Management Conference Statement is due seven (7) days before the conference. The parties may appear by telephone for further Case Management Conferences, unless otherwise directed by the Court. Counsel for Defendant shall initiate the call and then conference in the Court. If any party desires to make a personal appearance at a Case Management Conference, that party shall notify opposing counsel and the Court's Calendar Clerk/Courtroom Deputy prior to the date of the Case Management Conference.
United States District Judge
HONORABLE THELTON E. HENDERSON