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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


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 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 May 7, 2012, if such date is opposing counsel and the Court's Calendar Clerk/Courtroom Deputy prior to the date of the Case 2 Management Conference. 3

Dated: February 27, 2012 Dated: February 27, 2012 4 5 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 8 KERR & WAGSTAFFE LLP FEDERAL EXPRESS CORPORATION 9 7 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 _______________ May _____, 2012, at 1:30 p.m.

7

The Joint Case

Management Conference Statement is due seven (7) days before the conference. The parties 16 may appear by telephone for further Case Management Conferences, unless otherwise directed 17 by the Court. Counsel for Defendant shall initiate the call and then conference in the Court. If 18 any party desires to make a personal appearance at a Case Management Conference, that party 19 shall notify opposing counsel and the Court's Calendar Clerk/Courtroom Deputy prior to the date 20 of the Case Management Conference. 21 22

20120227

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