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Alex Galvez, An Individual, Marc v. Federal Express Inc.

February 27, 2012

ALEX GALVEZ, AN INDIVIDUAL, MARC THE EDL 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.



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

STIPULATION TO CONTINUE THE JOINT CASE MANAGEMENT CONFERENCE AND PROPOSED ORDER THEREON

CMC: March 5, 2012

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

7 suggested that if nothing has occurred in the Brinker v. Superior Court matter, which addresses the 8 substantive law on meal and rest breaks, the parties may file a stipulation to continue the Case 9

WHEREAS a Case Management Conference is set for March 5, 2012 at 1:30 p.m.

WHEREAS at the prior Case Management Conference on August 1, 2011, the Court Management Conference 60-90 days; 10 11

Procedures No. 10, opinions are generally filed within 90 days after submission. A decision in 14 Brinker was thus anticipated in early February 2012 and so the parties suggested March 5, 2012 15 for the next Case Management Conference to allow the parties a short period of time after the 16 anticipated publication of Brinker to analyze it and prepare the Joint Case Management 17 Statement. However, on December 14, 2011, the California Supreme Court vacated the 18 submission to allow post-argument briefing and changed the submission date to January 13, 19 2012. A decision is now expected around April 12, 2012. 20 21 22 as follows: 23

24 convenient for the Court, or the first available date thereafter. The Joint Case Management 25

Conference Statement will be filed seven (7) days before the conference. The parties may appear 26 by telephone for further Case Management Conferences, unless otherwise directed by the Court. 27

Counsel for Defendant shall inital the call and then conference in the Court. If any party desires 28 to make a personal appearance at a Case Management Conference, that party shall notify

2 STIP TO CONTINUE JOINT CMC C07-02505 TEH EDL

WHEREAS the California Supreme Court heard oral argument in the Brinker case on November 8, 2011. Pursuant to the California Supreme ...


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