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Alex Galvez, An Individual, Marc Garvey, An Individual, and On Behalf of All Other Similarly Situated v. Federal Express Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


November 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 21 1-500, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Thelton E. Henderson United States District Judge

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: 3 4 has occurred in the Brinker v. Superior Court matter, which addresses the substantive law on meal 8 and rest breaks, the parties may file a stipulation to continue the Case Management Conference 60-9

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 90 days; 10 11

Procedures No. 10, opinions are generally filed within 90 days after submission. A decision in 14 Brinker is thus anticipated in early February 2012. The parties thus desire a short period of time 15 after its anticipated publication to analyze Brinker and prepare the Joint Case Management 16 Statement. 17 18

as follows: 20

21 convenient for the Court, or the first available date thereafter on or after March 19, 2012. The 22

The parties may appear by telephone for further Case Management Conferences, unless 24 otherwise directed by the Court. Counsel for Defendant shall inital the call and then conference 25 in the Court. If any party desires to make a personal appearance at a Case Management 26

Deputy prior to the date of the Case Management Conference.

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 13 THEREFORE, pursuant to Local Rules 7-12 and 16-2(e), the parties stipulate and request That the Case Management Conference be continued to March 5, 2012, if such date is Joint Case Management Conference Statement will be filed seven (7) days before the conference. 23

Conference, that party shall notify opposing counsel and the Court's Calendar Clerk/Courtroom 27

Dated: November 28, 2011 Dated: November 28, 2011 FOR PLAINTIFFS: FOR DEFENDANT: By: __/s/Michael Von Loewenfeldt By: __/s/Sandra C. Isom___________ Michael Von Loewenfeldt Sandra C. Isom MICHAEL VON LOEWENFELDT SANDRA C. ISOM KERR & WAGSTAFFE LLP FEDERAL EXPRESS CORPORATION Attorneys for Plaintiffs Alex Galvez, Attorneys for Defendant Marc Garvey, and all others similarly situated 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 initiate 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.

20111128

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