Cathcart et al v. Sara Lee Corporation et al
Plaintiff: David M. Cathcart, James H. Whitehead, Robert W. Decker and Dale Baldisseri
Defendant: Sara Lee Corporation and Sara Lee Bakery Group
Case Number: 3:2009cv05748
Filed: December 8, 2009
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Los Angeles
Presiding Judge: Maxine M. Chesney
Nature of Suit: Labor: Other
Cause of Action: 29:201 Denial of Overtime Compensation
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 14, 2012 Opinion or Order Filing 141 ORDER (1) CONFIRMING CERTIFICATION OF CLASS AND COLLECTIVE ACTION FOR SETTLEMENT PURPOSES; (2) GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT; AND (3) ENTERING FINAL JUDGMENT. Signed by Judge Maxine M. Chesney on December 14, 2012. (mmclc1, COURT STAFF) (Filed on 12/14/2012)
August 10, 2012 Opinion or Order Filing 127 ORDER GRANTING (1) PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; (2) PRELIMINARY CERTIFICATION OF THE CLASS FOR SETTLEMENT; (3) APPROVAL OF THE FORM AND METHOD OF NOTICE; AND (4) THE SCHEDULING OF A FINAL APPROVAL HEARING. The final approval hearing is scheduled for December 14, 2012. Signed by Judge Maxine M. Chesney on August 10, 2012. (mmclc1, COURT STAFF) (Filed on 8/10/2012)
June 20, 2012 Opinion or Order Filing 122 ORDER APPROVING JOINT STIPULATION RE: RESCHEDULING OF PRELIMINARY APPROVAL MOTION FILING DEADLINE. The filing deadline is continued from June 22, 2012 to June 29, 2012. Signed by Judge Maxine M. Chesney on June 20, 2012. (mmclc1, COURT STAFF) (Filed on 6/20/2012)
June 12, 2012 Opinion or Order Filing 120 ORDER APPROVING STIPULATION RE RESCHEDULING OF PRELIMINARY APPROVAL HEARING. The hearing on plaintiffs' motion for preliminary approval of the proposed settlement is continued from July 27, 2012 to August 3, 2012. Signed by Judge Maxine M. Chesney on June 12, 2012. (mmclc1, COURT STAFF) (Filed on 6/12/2012)
June 4, 2012 Opinion or Order Filing 118 ORDER GRANTING JOINT REQUEST; DEEMING PENDING MOTIONS WITHDRAWN WITHOUT PREJUDICE. All pending deadlines are vacated. Plaintiff shall file a motion for preliminary approval of the class settlement by June 22, 2012. The Court shall hold a hearing on the motion for preliminary approval on July 27, 2012. Defendants' motion for leave to amend and plaintiffs' motion for conditional collective certification are deemed withdrawn, without prejudice to refiling in the event the Court does not grant final approval of the settlement. Signed by Judge Maxine M. Chesney on June 4, 2012. (mmclc1, COURT STAFF) (Filed on 6/4/2012)
May 22, 2012 Opinion or Order Filing 115 ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO RESCHEDULE HEARING ON COLLECTIVE CERTIFICATION AND SET BRIEFING SCHEDULE. The deadline for defendants to file opposition is July 5, 2012. The deadline for plaintiffs to file a reply is July 19, 2012. The hearing is continued from June 22, 2012 to August 3, 2012. Signed by Judge Maxine M. Chesney on May 22, 2012. (mmclc1, COURT STAFF) (Filed on 5/22/2012)
May 21, 2012 Opinion or Order Filing 114 ORDER RE: STIPULATION TO MODIFY THE SCHEDULING ORDER. The deadline to file motion for class certification is extended to October 31, 2012; opposition due December 19, 2012; reply due February 6, 2013; hearing continued to March 8, 2013. Defendants m ay file a motion for summary judgment on FAAAA defense before July 27, 2012; opposition due 21 days after filing of motion; reply due 21 days after filing of opposition; hearing shall be noticed for a date no less than 56 days after the filing of the motion. The Case Management Conference is continued from December 21, 2012 to April 12, 2013. Signed by Judge Maxine M. Chesney on May 21, 2012. (mmclc1, COURT STAFF) (Filed on 5/21/2012) Modified on 5/21/2012 (mmclc1, COURT STAFF).
May 11, 2012 Opinion or Order Filing 101 ORDER APPROVING STIPULATION AS TO DEFENDANTS' ENTITLEMENT TO SUMMARY JUDGMENT ON PLAINTIFFS' MEAL BREAK CLAIMS BEGINNING JANUARY 1, 2011. Signed by Judge Maxine M. Chesney on May 11, 2012. (mmclc1, COURT STAFF) (Filed on 5/11/2012)
April 10, 2012 Opinion or Order Filing 96 ORDER GRANTING NOTICE OF SUBSTITUTION OF COUNSEL FOR DEFENDANT SARA LEE CORPORATION. John S. Battenfeld and Michael J. Puma are substituted in place and in stead of John Nadolenco, Jerome Jauffret, Kristen Rose, and Danielle Ochs-Tillotson, as counsel of record for defendant Sara Lee Corporation. Signed by Judge Maxine M. Chesney on April 10, 2012. (mmclc1, COURT STAFF) (Filed on 4/10/2012)
March 26, 2012 Opinion or Order Filing 93 ORDER. Cathcart v. Sara Lee Corp., C 09-5748, is not related to Winston v. Sara Lee Corp., C 12 948. Signed by Judge Maxine M. Chesney on March 26, 2012. (mmclc1, COURT STAFF) (Filed on 3/26/2012)
January 19, 2012 Opinion or Order Filing 89 ORDER APPROVING STIPULATION TO REMOVE CASE FROM COURT'S ADR PROGRAM AND REFER TO PRIVATE ADR. Signed by Judge Maxine M. Chesney on January 19, 2012. (mmclc1, COURT STAFF) (Filed on 1/19/2012)
January 3, 2012 Opinion or Order Filing 86 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY MICHAEL J. PUMA PRO HAC VICE. Signed by Judge Maxine M. Chesney on January 3, 2012. (mmclc1, COURT STAFF) (Filed on 1/3/2012)
December 23, 2011 Opinion or Order Filing 84 ORDER APPOVING STIPULATION TO MODIFY SCHEDULING ORDER. The deadline to complete mediation is extended to March 31, 2012. The deadline for plaintiffs to file a motion for class certification is extended to July 27, 2012; the deadline to file oppositio n is extended to September 14, 2012; the deadline to file a reply is extended to November 2, 2012. The hearing on the motion for class certification is continued from September 21, 2012 to November 30, 2012. The Case Management Conference is continued from November 2, 2012 to December 21, 2012; a Joint Case Management Statement shall be filed no later than December 14, 2012. Signed by Judge Maxine M. Chesney on December 23, 2011. (mmclc1, COURT STAFF) (Filed on 12/23/2011)
November 30, 2011 Opinion or Order Filing 80 ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT; VACATING DECEMBER 2, 2011 HEARING. Defendants are entitled to summary judgment on plaintiffs' claims for overtime compensation under state law. Signed by Judge Maxine M. Chesney on November 30, 2011. (mmclc1, COURT STAFF) (Filed on 11/30/2011)
November 8, 2011 Opinion or Order Filing 79 ORDER APPROVING IN PART STIPULATION FOR LEAVE TO MODIFY SCHEDULING ORDER TO CONTINUE BRIEFING SCHEDULE AND HEARING DATE FOR MOTION FOR CLASS CERTIFICATION. The deadline for plaintiffs to file a motion for class certification is May 25, 2012. The dea dline for defendants to file opposition to the motion for class certification is July 13, 2012. The deadline for plaintiffs to file a reply to defendants opposition to the motion for class certification is August 31, 2012. The hearing on the motion f or class certification is extended from July 20, 2012 to September 21, 2012. The Case Management Conference is extended from August 31, 2012 to November 2, 2012; a Joint Case Management Statement shall be filed no later than October 26, 2012. Signed by Judge Maxine M. Chesney on November 8, 2011. (mmclc1, COURT STAFF) (Filed on 11/8/2011)
November 2, 2011 Opinion or Order Filing 77 ORDER APPROVING STIPULATION TO MODIFY SCHEDULING ORDER TO EXTEND HEARING DATE AND MEDIATION CUT-OFF. The hearing on the motions for partial summary judgment is continued from November 4, 2011 to December 2, 2011. The deadline to complete mediation is continued from December 21, 2011 to January 31, 2012. Signed by Judge Maxine M. Chesney on November 2, 2011. (mmclc1, COURT STAFF) (Filed on 11/2/2011)
September 8, 2011 Opinion or Order Filing 64 ORDER APPROVING STIPULATION TO MODIFY THE SCHEDULING ORDER. The deadline for defendants' reply/opposition to cross-motion is extended to September 23, 2011. The deadline for plaintiffs' reply is set for October 7, 2011. The hearing on the motions is continued from October 7, 2011 to October 28, 2011. The deadline to complete mediation is continued to November 18, 2011. Signed by Judge Maxine M. Chesney on September 8, 2011. (mmclc1, COURT STAFF) (Filed on 9/8/2011)
July 19, 2011 Opinion or Order Filing 60 ORDER APPROVING STIPULATION TO MODIFY THE SCHEDULING ORDER TO EXTEND MOTION, DISCOVERY, AND MEDIATION DATES. Close of discovery on Labor Code sec. 514 and Motor Carrier Act exemptions - August 5, 2011. Deadline to file motion for summary judgment - A ugust 19, 2011, to be noticed for hearing October 7, 2011. Deadline to complete mediation - October 28, 2011. Deadline to file motion for class certification - March 23, 2012, to be noticed for hearing July 20, 2012. Case Management Conference is continued from August 10, 2012 to August 31, 2012.Signed by Judge Maxine M. Chesney on July 19, 2011. (mmclc1, COURT STAFF) (Filed on 7/19/2011)
May 13, 2011 Opinion or Order Filing 58 ORDER APPROVING STIPULATION IN PART. Close of discovery on Labor Code sec. 514 and Motor Carrier Act exemptions - July 8, 2011. Deadline to file motion for summary judgment - July 22, 2011, to be noticed for hearing September 9, 2011. Deadline to co mplete mediation - August 5, 2011. Deadline to file motion for class certification - March 2, 2012, to be noticed for hearing June 29, 2012. Case Management Conference is continued from July 13, 2012 to August 10, 2012.Signed by Judge Maxine M. Chesney on May 13, 2011. (mmclc1, COURT STAFF) (Filed on 5/13/2011)
April 12, 2011 Opinion or Order Filing 56 ORDER APPROVING STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND DATES. The deadline to file a motion for class certification is extended from November 18, 2011 to February 3, 2012, and the hearing on the motion is extended from March 16, 2012 to June 1, 2012. The Case Management Conference is continued from April 27, 2012 to July 13, 2012. Signed by Judge Maxine M. Chesney on April 12, 2011. (mmclc1, COURT STAFF) (Filed on 4/12/2011)
March 15, 2011 Opinion or Order Filing 54 ORDER APPROVING STIPULATION TO EXTEND MEDIATION COMPLETION DEADLINE. The deadline to complete mediation is extended to June 30, 2011. Signed by Judge Maxine M. Chesney on March 15, 2011. (mmclc1, COURT STAFF) (Filed on 3/15/2011)
February 22, 2011 Opinion or Order Filing 52 ORDER APPROVING STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES. Close of discovery on Labor Code sec. 514 and Motor Carrier Act exemptions - June 1, 2011. Deadline to file motion for summary judgment - June 17, 2011, to be noticed for hearing August 5, 2011. Deadline to file motion for class certification - November 18, 2011, to be noticed for hearing March 16, 2012. Case Management Conference is continued from January 20, 2012 to April 27, 2012. Signed by Judge Maxine M. Chesney on February 22, 2011. (mmclc1, COURT STAFF) (Filed on 2/22/2011)
February 8, 2011 Opinion or Order Filing 49 ORDER VACATING MARCH 18, 2011 HEARING ON PLAINTIFFS' MOTION TO CHANGE TIME; SETTING DEADLINE FOR DEFENDANTS TO FILE RESPONSE TO PLAINTIFFS' MOTION. Defendants are directed to file any response to plaintiffs' motion no later than February 11, 2011. As of February 11, 2011, and unless the parties are otherwise advised, the Court will take the motion under submission. Signed by Judge Maxine M. Chesney on February 8, 2011. (mmclc1, COURT STAFF) (Filed on 2/8/2011)
January 31, 2011 Opinion or Order Filing 46 ORDER REFERRING TO MAGISTRATE JUDGE PLAINTIFFS' MOTION TO COMPEL. Signed by Judge Maxine M. Chesney on January 31, 2011. (mmclc1, COURT STAFF) (Filed on 1/31/2011)
November 12, 2010 Opinion or Order Filing 44 ORDER APPROVING STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO EXTEND MOTION AND DISCOVERY DATES. Close of discovery on Labor Code sec. 514 and Motor Carrier Act exemptions - March 1, 2011. Deadline to file motion for summary judgment - Mar ch 18, 2011, to be noticed for hearing May 6, 2011. Deadline to file motion for class certification - August 12, 2011, to be noticed for hearing December 9, 2011. Case Management Conference is continued from October 28, 2011 to January 20, 2012. Signed by Judge Maxine M. Chesney on November 12, 2010. (mmclc1, COURT STAFF) (Filed on 11/12/2010)
November 3, 2010 Opinion or Order Filing 42 ORDER RE: STIPULATION FOR PROTECTIVE ORDER. Pursuant to the parties' stipulation, it is so ordered, provided that no document or portion thereof submitted for filing will be filed under seal absent a separate request, made upon an individualized showing of good cause in accordance with Civil Local Rule 79-5, and a separate order providing for the sealing of such document(s).Signed by Judge Maxine M. Chesney on November 3, 2010. (mmclc1, COURT STAFF) (Filed on 11/3/2010)
October 7, 2010 Opinion or Order Filing 35 ORDER ON STIPULATION FOR LEAVE TO MODIFY THE SCHEDULING ORDER TO ALLOW AMENDMENT OF PLEADINGS. Plaintiffs may file and serve a Second Amended Complaint no later than ten days from the date of the entry of this order. Defendants shall have leave to f ile an amended answer, responding to plaintiffs' Second Amended Complaint and adding an affirmative defense of preemption no later than fifteen days after service of the Second Amended Complaint. The deadline for discovery as to Motor Carrier exemptions is extended to January 15, 2011. Signed by Judge Maxine M. Chesney on October 7, 2010. (mmclc1, COURT STAFF) (Filed on 10/7/2010)
April 13, 2010 Opinion or Order Filing 28 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS; VACATING APRIL 16, 2010 HEARING. To the extent the motion seeks dismissal of the Second Claim for Relief, and dismissal of the Fifth Claim for Relief to the extent it base d on the Second Claim for Relief, the motion is granted, and such claims are dismissed with leave to amend. In all other respects, the motion is denied. If plaintiffs wish to file a First Amended Complaint, plaintiffs shall file their First Amended Complaint no later than April 30, 2010. Signed by Judge Maxine M. Chesney on April 13, 2010. (mmclc1, COURT STAFF) (Filed on 4/13/2010)
April 1, 2010 Opinion or Order Filing 25 ORDER ON STIPULATION TO EXTEND DEADLINE TO FILE DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS. Defendants' reply may be filed no later than April 6, 2010. The hearing on defendants' motion to dismiss will remain set for April 16, 2010. Signed by Judge Maxine M. Chesney on April 1, 2010. (mmclc1, COURT STAFF) (Filed on 4/1/2010)
March 1, 2010 Opinion or Order Filing 13 ORDER ON STIPULATION TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE. The hearing on defendants' motion to dismiss plaintiffs' complaint shall be continued from March 26, 2010 to April 16, 2010. The Initial Case Management Conference shall be continued from March 19, 2010 to May 14, 2010. Signed by Judge Maxine M. Chesney on March 1, 2010. (mmclc1, COURT STAFF) (Filed on 3/1/2010)
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Search for this case: Cathcart et al v. Sara Lee Corporation et al
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Plaintiff: David M. Cathcart
Represented By: Robert Ira Spiro
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Plaintiff: James H. Whitehead
Represented By: Robert Ira Spiro
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Plaintiff: Robert W. Decker
Represented By: Robert Ira Spiro
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Plaintiff: Dale Baldisseri
Represented By: Robert Ira Spiro
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Defendant: Sara Lee Corporation
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Defendant: Sara Lee Bakery Group
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