Brownfield et al v. Flowers Baking Co. of California, LLC
| Craig Brownfield, C.A. Breadman, Carlos Garibay, Jimmy Herrera, Mark Soares, Mike Hernandez, Nick Hernandez, Anthony Tavarez and Sylvie Serrano |
| Flowers Baking Co. of California, LLC |
| 2:2015cv02034 |
| September 28, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| John A Mendez |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 14, 2018. A more recent docket listing may be available from PACER.
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Filing 64
NOTICE of VOLUNTARY DISMISSAL pursuant to FRCP 41(a)(1)(A)(ii). CASE CLOSED. (Zignago, K.)
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Filing 63
STIPULATION for Dismissal of Action with Prejudice by Flowers Baking Co. of California, LLC. (Palmer, Jared) Modified on 8/14/2018 (Zignago, K.).
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Filing 62
MINUTE ORDER: The court has been advised by Jared Palmer, counsel for defendant, that this action has been settled, Therefore, it is not necessary that the action remain upon the court's active calendar. Accordingly, IT IS ORDERED: 1. That counsel file settlement/dismissal documents, in accordance with the provisions of Local Rule 160, no later than August 17, 2018; and 2. That any hearing dates previously set in this matter are vacated.(TEXT ENTRY ONLY) (Vine, H)
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Filing 61
NOTICE of SETTLEMENT by Flowers Baking Co. of California, LLC. (Palmer, Jared)
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Filing 60
STIPULATION and ORDER signed by District Judge John A. Mendez on 5/17/2018 EXTENDING expert discovery deadline. Expert discovery due 8/13/2018. Supplemental/Rebuttal disclosures due 8/27/2018. (Zignago, K.)
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Filing 59
DESIGNATION OF COUNSEL FOR SERVICE by Flowers Baking Co. of California, LLC. (Palmer, Jared)
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Filing 58
STIPULATION and Proposed Order to Extend Expert Discovery by Flowers Baking Co. of California, LLC. (Palmer, Jared)
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Filing 57
STATEMENT of Parties, i.e., Mid-Litigation Statement by Defendant Flowers Baking Co. of California, LLC re #10 Scheduling Order. (Palmer, Jared)
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Filing 56
JUDGMENT dated *10/12/2017* pursuant to order, as to Sylvie Serrano, signed by District Judge John A. Mendez on 10/12/2017. (Reader, L)
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Filing 55
ORDER signed by District Judge John A. Mendez on 10/12/2017 FINDINGS AND RECOMMENDATIONS #42 are ADOPTED in FULL; and Plaintiff Sylvie Serrano's action is DISMISSED, with prejudice, for lack of prosecution and for failure to comply with the court's order. See Fed. R. Civ. P. 41(b).(Reader, L)
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SERVICE BY MAIL: #55 Order Adopting Findings and Recommendations, #56 Judgment, served on as to Sylvie Serrano. (Reader, L)
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Filing 54
CERTIFICATE of SERVICE by Flowers Baking Co. of California, LLC re #53 Answer to Complaint. (Palmer, Jared)
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Filing 53
ANSWER by Flowers Baking Co. of California, LLC.(Palmer, Jared)
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Filing 52
PRO HAC VICE ORDER signed by District Judge John A. Mendez on 9/14/2017 ORDERING Attorney Kevin P. Hishta to appear for Flowers Baking Company of California, LLC. (Reader, L)
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Filing 51
NOTICE of APPEARANCE by Kevin P Hishta, PHV on behalf of Flowers Baking Co. of California, LLC. Attorney Hishta, Kevin P added. (Hishta, Kevin)
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SERVICE BY MAIL: #52 Pro Hac Vice Order served on, Sylvie Serrano. (Reader, L)
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Filing 50
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Flowers Baking Co. of California, LLC for attorney Kevin P. Hishta to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7261465) (Berry, Brian)
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Filing 49
SECOND STIPULATION and ORDER TO CONTINUE TRIAL AND MODIFY SCHEDULING ORDER signed by District Judge John A. Mendez on 9/11/17. Expert Disclosures New date 6/1/2018. Supplemental/Rebuttal Discl: New date 6/15/18. Discovery Cutoff 12/31/17. Last day to File Dispositive Motions 7/10/2018. Hearing date for Dispositive Motions 8/7/18 at 1:30 P.M. Joint Pretrial Statement due 9/14/18. The Final Pretrial Conference is SET for 9/21/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Trial SET for 10/29/2018 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Mena-Sanchez, L)
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SERVICE BY MAIL: #49 Stipulation and Order, served on Sylvie Serrano. (Mena-Sanchez, L)
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Filing 48
STIPULATION and [PROPOSED] ORDER to Continue Trial and Modify Scheduling Order by Craig Brownfield. (Grover, Eric) Modified on 9/11/2017 (Mena-Sanchez, L).
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Filing 47
SECOND AMENDED COMPLAINT against Flowers Baking Co. of California, LLC by Craig Brownfield.(Grover, Eric)
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Filing 46
STIPULATION and ORDER re Filing of Second Amended Complaint. The Represented Plaintiffs shall file the Second Amended Complaint within five days of the Court's approval of this Stipulation. Plaintiff Johnson shall dismiss his action (USDC ED CA Case No. 2:16-cv-00840-JAM-AC) without prejudice within five court days of the filing of the Second Amended Complaint. Defendant shall file an answer within 30 days from the filing of the Second Amended Complaint. Defendant's answer may include new affirmative defenses. Defendant shall retain the right to seek the deposition of a Represented Plaintiff in connection with any new claims or causes of action contained in the Second Amended Complaint that were not covered in a Representative Plaintiff's original deposition signed by District Judge John A. Mendez on 9/7/2017. (Hunt, G)
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Filing 45
STIPULATION and PROPOSED ORDER for Re Filing of Second Amended Complaint and Consolidation of Plaintiff Johnson in this action by Craig Brownfield. (Attachments: #1 Exhibit A)(Grover, Eric)
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Filing 44
OBJECTIONS to FINDINGS and RECOMMENDATIONS #42 by Defendant Flowers Baking Co. of California, LLC. (Palmer, Jared)
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Filing 43
NOTICE of APPEARANCE by Anthony J. DeCristoforo on behalf of Flowers Baking Co. of California, LLC. Attorney DeCristoforo, Anthony J. added. (Attachments: #1 Proof of Service)(DeCristoforo, Anthony)
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Filing 42
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 6/20/2017 RECOMMENDING that plaintiff Sylvie Serrano's action be dismissed, without prejudice, for lack of prosecution and for failure to comply with the court's order. Referred to Judge John A. Mendez. Objections due within 21 days after being served with these findings and recommendations. (Donati, J)
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SERVICE BY MAIL: #42 Findings and Recommendations served on Sylvie Serrano. (Donati, J)
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Filing 41
ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 5/31/17 ORDERING that the hearing set for 6/7/2017 is VACATED. Plaintiff is ORDERED to Show Cause in writing, no later than 6/15/2017, why her claims should not be dismissed for failure to prosecute. Plaintiff is cautioned that failure to comply with this order may result in a recommendation she be dismissed from this action. (Kastilahn, A)
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SERVICE BY MAIL: #41 Order to Show Cause served on Sylvie Serrano. (Kastilahn, A)
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Filing 40
CERTIFICATE of SERVICE by Flowers Baking Co. of California, LLC re #38 AMENDED NOTICE of MOTION for SANCTIONS, #37 MOTION for SANCTIONS. (Palmer, Jared)
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Filing 39
PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 5/4/2017. (Zignago, K.)
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SERVICE BY MAIL: #39 Protective Order served on Sylvie Serrano. (Zignago, K.)
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Filing 38
AMENDED NOTICE of MOTION for SANCTIONS amending #37 Motion for Sanctions by Flowers Baking Co. of California, LLC. Motion Hearing set for 6/7/2017 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Palmer, Jared) Modified on 4/24/2017 (Zignago, K.).
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Filing 37
MOTION for SANCTIONS by Flowers Baking Co. of California, LLC. Motion Hearing set for 6/7/2017 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Points and Authorities, #2 Declaration of Brian D. Berry, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Exhibit D to Declaration, #7 Exhibit E to Declaration, #8 Exhibit F to Declaration, #9 Proposed Order, #10 Proof of Service)(Palmer, Jared) Modified on 4/24/2017 (Zignago, K.).
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Filing 36
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Ellyn Moscowitz for Craig Brownfield, C.A. Breadman, Carlos Garibay, Mike Hernandez, Nick Hernandez, Jimmy Herrera, Anthony Tavarez, attorney Rachael G. Jung terminated. (Grover, Eric) Modified on 3/30/2017 (Zignago, K.).
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Filing 35
NOTICE of Association of Counsel by Craig Brownfield, C.A. Breadman, Carlos Garibay, Mike Hernandez, Nick Hernandez, Jimmy Herrera, Anthony Tavarez. (Shapero, Sarah)
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Filing 34
STIPULATION AND ORDER signed by District Judge John A. Mendez on 2/13/2017 MODIFYING the Pretrial Scheduling Order; ORDERING all counsel to disclose expert witnesses by 10/2/2017 and to disclose rebuttal expert witnesses by 10/16/2017; ORDERING that discovery be completed by 11/22/2017; ORDERING that all dispositive motions be filed by 1/12/2018 and that the hearing on such motions be held on 2/13/2018 at 01:30 PM; ORDERING the parties to file a Joint Pretrial Statement by 4/13/2018; CONTINUING the Final Pretrial Conference to 4/20/2018 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; CONTINUING the Jury Trial to 6/18/2018 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Michel, G.)
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SERVICE BY MAIL: #34 Stipulation and Order Modifying the Pretrial Scheduling Order served on Sylvie Serrano. (Michel, G.)
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Filing 33
STIPULATION and PROPOSED ORDER for Continuance of Deadlines by Craig Brownfield, C.A. Breadman, Carlos Garibay, Mike Hernandez, Nick Hernandez, Jimmy Herrera, Anthony Tavarez. Attorney Shapero, Sarah E. added. (Shapero, Sarah)
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Filing 32
ORDER signed by Magistrate Judge Allison Claire on 11/28/2016 ORDERING the 11/30/2016 Hearing VACATED; and GRANTING #29 Motion to Compel, as follows. Plaintiff Sylvie Serrano shall: Provide written responses to Defendant's First Set of Interrogatories and First Set of Requests for Production by no later than 12/9/2016; Produce all non-privileged documents responsive to Defendant's First Set of Requests for Production of Documents by no later than 12/9/2016; and Appear for a deposition on 12/14/2016 at 9:00 a.m. at Steuart Tower, One Market Plaza, Suite 1300, San Francisco, California 94105, unless the parties agree to a different date, time and/or place for this deposition. (Jackson, T) Modified on 11/30/2016 (Jackson, T).
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SERVICE BY MAIL: #32 Order served on Sylvie Serrano. (Jackson, T)
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Filing 31
CERTIFICATE of SERVICE by Flowers Baking Co. of California, LLC re #29 Motion to Compel (Berry, Brian)
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Filing 30
STIPULATION and ORDER signed by District Judge John A. Mendez on 11/14/2016 ORDERING: Discovery cutoff: 4/3/2017; Expert Disclosures: 2/17/2017; Supplemental/Rebuttal Discl: 3/3/2017; Last Day to File Dispositive Motions: 5/8/2017; Joint pretrial statement due: 7/7/2017; Final Pretrial Conference set for 7/14/2017 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; Trial set for 9/11/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Jackson, T)
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SERVICE BY MAIL: #30 Stipulation and Order served on Sylvie Serrano. (Jackson, T)
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Filing 29
MOTION to COMPEL Plaintiff Sylvie Serrano to provide responses to discovery requests and appear for deposition by Flowers Baking Co. of California, LLC. Motion Hearing set for 11/30/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (Attachments: #1 Memorandum In Support, #2 Declaration of Brian D. Berry, #3 Exhibit A , #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G , #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Proposed Order. (Palmer, Jared) Modified on 11/14/2016 (Kaminski, H).
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Filing 28
STIPULATION and PROPOSED ORDER for To Continue Trial and Modify Scheduling Order by Craig Brownfield, C.A. Breadman, Carlos Garibay, Mike Hernandez, Nick Hernandez, Jimmy Herrera. Attorney Shapero, Sarah E. added. (Shapero, Sarah)
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Filing 27
ORDER signed by District Judge John A. Mendez on 10/13/16 ORDERING that Motion to Withdraw as Attorney #16 is GRANTED. Plaintiff Sylvie Serrano will now be representing herself in pro per persona and all communications to Plaintiff Sylvie Serrano in this case shall be directed to Plaintiff Sylvie Serrano at 111 Steinbeck Court Pittsburg, CA 94565. (Mena-Sanchez, L)
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SERVICE BY MAIL: #27 Order on Motion to Withdraw as Attorney, served on Sylvie Serrano. (Mena-Sanchez, L)
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Filing 26
REQUEST to appear telephonically on Motion to withdraw #16 by Flowers Baking Co. of California, LLC. (Palmer, Jared) Modified on 10/13/2016 (Mena-Sanchez, L).
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Filing 25
REQUEST FOR TELEPHONIC APPEARANCE at the hearing on #16 Motion to Withdraw as Attorney by Sylvie Serrano. (Attachments: #1 Proposed Order, #2 Proof of Service) (Mellen, Matthew) Modified on 10/12/2016 (Michel, G.).
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Filing 24
STATEMENT OF NON-OPPOSITION to #16 Motion to Withdraw as Attorney by Sylvie Serrano. (Attachments: #1 Proof of Service) (Mellen, Matthew) Modified on 10/12/2016 (Michel, G.).
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Filing 23
STATEMENT of non-opposition to plaintiff counsel's motion to withdraw as counsel by Defendant Flowers Baking Co. of California, LLC. (Palmer, Jared)
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Filing 22
STIPULATION and ORDER signed by District Judge John A. Mendez on 09/26/16 ORDERING that the following deadlines are MODIFIED as follows: Designation of Expert Witnesses due by 11/18/2016 with any supplemental/rebuttal disclosures due by 12/02/16; Discovery completed by 01/20/17. (Benson, A)
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Filing 21
STIPULATION and PROPOSED ORDER for To Modify Scheduling Order by Flowers Baking Co. of California, LLC. (Palmer, Jared)
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Filing 20
NOTICE of Appearance of Alexander Chemers by Flowers Baking Co. of California, LLC. (Palmer, Jared) Modified on 9/28/2016 (Becknal, R).
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Filing 19
STIPULATION and PROPOSED ORDER for Stipulated Protective Order Regarding Confidential Information by Flowers Baking Co. of California, LLC. (Berry, Brian)
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Filing 18
NOTICE OF CHANGE OF ADDRESS by Matthew Mellen. (Mellen, Matthew)
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Filing 17
MINUTE ORDER: re #16 Motion to Withdraw as Attorney - The parties are advised that the Court requires that a courtesy hard copy of each pleading in motion practice is to be delivered at the earliest convenience to the Clerks office at 501 I Street, Ste. 400, Sacramento, CA 95814, to the Attention of Judge Mendez. If the filed motion(s) is/are for summary judgment, and deposition testimony is referenced in the pleadings, a hard copy of the entire deposition(s) including any attachments to the deposition(s) is/are to be lodged with the Court.(TEXT ENTRY ONLY) (Vine, H)
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Filing 16
MOTION to WITHDRAW as ATTORNEY for Plaintiff Sylvie Serrano by Sylvie Serrano. Motion Hearing set for 10/18/2016 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Mellen, Matthew)
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Filing 15
NOTICE of APPEARANCE by Jared L Palmer on behalf of Flowers Baking Co. of California, LLC. Attorney Palmer, Jared L added. (Palmer, Jared)
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Filing 14
RELATED CASE ORDER signed by District Judge John A. Mendez on 5/5/16: This action is related with member case 2:16-CV-00840 MCE EFB. (Kaminski, H)
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Filing 13
NOTICE of RELATED CASE 2:16-cv-00840-MCE-EFB by Craig Brownfield, C.A. Breadman, Carlos Garibay, Mike Hernandez, Nick Hernandez, Jimmy Herrera, Sylvie Serrano, Mark Soares, Anthony Tavarez. (Attachments: #1 Proof of Service)(Mellen, Matthew)
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Filing 12
NOTICE of RELATED CASE 2:15-cv-00840-MCE-EFB by Craig Brownfield, C.A. Breadman, Carlos Garibay, Mike Hernandez, Nick Hernandez, Jimmy Herrera, Sylvie Serrano, Mark Soares, Anthony Tavarez. (Attachments: #1 Proof of Service)(Mellen, Matthew)
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Filing 11
DESIGNATION of COUNSEL FOR SERVICE., attorney Timothy L. Reed terminated (Berry, Brian)
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Filing 10
STATUS (Pre-trial Scheduling) ORDER signed by Judge John A. Mendez on 12/15/15 ORDERING all Discovery shall be completed by 1/6/17; Not later than fourteen (14) days prior to the close of Discovery, the parties shall file with the court Joint Mid-Litigation Statements; Disclosure of Expert Witnesses due by 11/4/16; All dispositive motions shall be filed by 2/7/17; Hearings on such motions shall be on 3/7/17 at 01:30 PM; The parties shall file with the court, no later than seven days prior to the final Pre-Trial Conference, a Joint Pre-Trial Statement; Final Pretrial Conference set for 4/21/17 at 10:00 AM; Jury Trial set for 6/5/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Becknal, R)
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Filing 9
JOINT STATUS REPORT by Flowers Baking Co. of California, LLC. (Reed, Timothy)
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Filing 8
STIPULATION and ORDER signed by Judge John A. Mendez on 11/24/15: The deadline for the parties' counsel to confer and prepare and submit to the Court a joint status report that includes a Rule 26(f) discovery plan is continued to December 14, 2015. (Kaminski, H)
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Filing 7
STIPULATION and PROPOSED ORDER for Extension of Time for Fed. R. Civ. P. 26(F) Conference and Submission of Joint Status Report by Flowers Baking Co. of California, LLC. (Reed, Timothy)
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Filing 6
ANSWER by Flowers Baking Co. of California, LLC.(Reed, Timothy)
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Filing 5
STIPULATION to Set Time for Defendant to Respond to Plaintiffs' #4 First Amended Complaint Pursuant to Local Rule 144 by Flowers Baking Co. of California, LLC. Attorney Reed, Timothy L. added. (Reed, Timothy) Modified on 10/23/2015 (Zignago, K.).
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Filing 4
FIRST AMENDED COMPLAINT against All Defendants by Mike Hernandez, Carlos Garibay, Nick Hernandez, Sylvie Serrano, C.A. Breadman, Craig Brownfield, Jimmy Herrera.(Mellen, Matthew)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Reader, L)
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Filing 2
SUMMONS ISSUED as to *Flowers Baking Co. of California, LLC* with answer to complaint due within *21* days. Attorney *Matthew Mellen* *Mellen Law Firm* *411 Borel Avenue, Suite 230* *San Mateo, California 94402*. (Reader, L)
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Filing 1
COMPLAINT against All Defendants by Mike Hernandez, Carlos Garibay, Nick Hernandez, Sylvie Serrano, C.A. Breadman, Anthony Tavarez, Craig Brownfield, Jimmy Herrera, Mark Soares. Attorney Mellen, Matthew added. (Filing fee $ 400, receipt number 0972-6098887) (Attachments: #1 Civil Cover Sheet)(Mellen, Matthew)
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