STIPULATION AND ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER

JOHN A. MENDEZ, District Judge.

Plaintiffs Craig Brownfield, CA Breadman, Carlos Garibay, Jimmy Herrera, Mike Hernandez, Nick Hernandez, and Anthony Tavarez (collectively, the "Represented Plaintiffs")1 and Defendant Flowers Baking Co. of California, LLC ("Defendant"), by and through their undersigned counsel, hereby respectfully submit the following Stipulation and [Proposed] Order to Continue Trial and Modify Scheduling Order. As outlined below, the parties request that the trial be continued from September 11, 2017 to a date in late June 2018, to permit the parties to coordinate the discovery deadlines in the instant action with Johnson v. Flowers Baking Co. of California, LLC (USDC ED CA Case No. 1:16-cv-00840-JAM), and Porreca, et al. v. Flowers Baking Co. of California, LLC, USDC ED CA Case No. 1:15-cv-00732-DAD (Porreca Dkt. 73).2

The Mellen Law Firm is currently representing the Represented Parties in this case, one plaintiff in the related case Johnson case, and 17 individuals and 13 related entities in the Porecca case. Although it is expected that many of the depositions will be relevant to all three cases, the various case deadlines in the three cases are separated by a number of months. In an effort to better coordinate expert disclosures, motion practice, and discovery in the three cases, the parties wish to have one set of discovery deadlines that apply to all three cases.

Moreover, although written discovery is underway and a number of depositions have already been taken, the Mellen Law Firm has had some personnel changes and is otherwise facing a number of staffing challenges in connection with the prosecution of the three cases involving 24 individual plaintiffs. Two law firms experienced in wage and hour litigation — Keller Grover LLP and Law Offices of Scot D. Bernstein, A Professional Corporation — have agreed to associate in as counsel; however, the two main attorneys from Keller Grover that would be involved in these actions — Eric A. Grover and Robert Spencer — already have a September 11, 2017 Phase II damage trial set in Alameda County Superior Court. In addition, Mr. Grover has a pre-paid family vacation scheduled for August 4-20, 2017. Unless the trial date is continued, Messers. Grover and Spencer will not be available to try this action.

STIPULATION

WHEREAS, for the reasons outlined above, the parties request that that the deadlines for disclosing experts, disclosing rebuttal experts, and the discovery cutoff date, all be continued to the same dates for each event in the Porreca case, namely October 2, 2017 (expert disclosure), October 16, 2017 (rebuttal expert disclosure), and November 22, 2017 (discovery cutoff), and that the dispositive motion deadline be continued to January 12, 2018, to avoid a flurry of briefing over the 2017 holidays.

WHEREAS, for the reasons outlined above, the parties request that the September 11, 2017 trial date be continued to a date on or after June 18, 2018. NOW THEREFORE, the parties agree and stipulate to the new deadlines below:

SIGNATURE ATTESTATION

I attest that I have obtained concurrence in the filing of this document from the other signatories.

ORDER

IT IS SO ORDERED AS MODIFIED BY THE COURT.