SECOND 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, Anthony Tavarez, and Donald Johnson (collectively, the "Represented Plaintiffs")1 and Defendant Flowers Baking Co. of California, LLC ("Defendant") (collectively, the "Parties"), by and through their undersigned counsel, hereby respectfully submit the following Second Stipulation and [Proposed] Order to Continue Trial and Modify Scheduling Order. As outlined below, the Parties request that the trial be continued from June 18, 2018 to a date in November 2018, to permit the Parties to complete the remaining discovery and allow for time to parties in this case and Porreca, et al. v. Flowers Baking Co. of California, LLC, USDC ED CA Case No. 1:15-cv-00732-DAD ("Porreca") to engage in a global mediation before the deadline to complete costly expert reports and the last day to file dispositive motions.2

By Order dated February 13, 2017, the Court continued the trial date from September 11, 2017 to June 18, 2018. Since that time, the Parties in this case and Porecca have engaged in extensive discovery, including the taking of 27 depositions. The Parties expect to have all non-expert discovery completed by December 31, 2017. With discovery winding down, the parties have met and conferred and agreed to attempt a global mediation of all clams and causes of action in both this case and Porecca. The Parties are currently working on getting a mediation set over two or three days in the first quarter of 2018.3

In the meantime, the Parties would like to avoid what collectively would be a six-figure expense to engage experts to prepare disclosures and reports by the current October 2, 2017 deadline. The Parties would rather focus on possible settlement and only turn to the expert disclosures in the event not all of the individual Plaintiffs resolve their actions through mediation. Similarly, the Parties would like to save the time and expense of preparing and filing dispositive motions by the current January 12, 2018 deadline, as their respective resources would be better spent attempting to resolve all or least some of the plaintiffs' claims in the two cases.

STIPULATION

WHEREAS, the Parties have been actively and diligently engaged in discovery, cooperatively conducting extensive discovery without the need of court intervention;

WHEREAS, the Parties have conducted extensive written discovery, including propounding and responding to interrogatories, requests for admission and requests for production of documents;

WHEREAS, the Parties have produced nearly 500,000 pages of documents;

WHEREAS, 27 depositions have been conducted, some of which may require additional time to complete and at least another eleven individual depositions and 30(b)(6) depositions are being scheduled for the coming months;

WHEREAS, with discovery winding down, the Parties seek to engage in a productive mediation in the first quarter of 2018;

WHEREAS, for the reasons outlined above, the Parties request that that the deadlines for disclosing experts, disclosing rebuttal experts, the discovery and expert discovery cutoff dates, and the dispositive motion filing and hearing deadlines all be continued, as set forth below;

WHEREAS, for the reasons outlined above, the Parties request that the June 18, 2018 trial date be continued to a date on or after October 15, 2018; and

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.