Covillo et al v. Specialty's Cafe and Bakery, Inc. et al
Filing
85
Order by Magistrate Judge Donna M. Ryu granting 84 Stipulation Continuing Deadline to File Joint Letter Regarding Discovery Disputes.(dmrlc1, COURT STAFF) (Filed on 8/21/2012)
<![CDATA[
(SBN 146079)
1 Alan Harris RUBLE
HARRIS &
2 6424 Santa Monica Boulevard
Los Angeles, California 90038
3 Telephone: 323.962.3777
Harris (SBN 215224)
4 David S. BAY LAW GROUP
NORTH
5 116 E. Blithedale Avenue, Suite #2
Mill Valley, California 94941-2024
6 Telephone: 415.388.8788
D. Rush (SBN 240284)
7 James OFFICES OF JAMES D. RUSH, APC
LAW
8 7665 Redwood Boulevard, Suite 200
Novato, CA 94945
9 Telephone: 415.897.4801
for Plaintiffs
10 Attorneys COVILLO, TROYREAC HENRY
NICOLA
11 and JOHN CHISHOLM
12 ROBERT PATTISON (SBN 103528)
JACKSON LEWIS LLP
13 199 Fremont Street, 10th Floor
San Francisco, California 94105
14 Telephone: (415) 394-9400
15
Facsimile: (415) 394-9401
16 Attorneys for Defendants BAKERY, INC.,
SPECIALTY’S CAFE AND
17 and CRAIG SAXTON
18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20 NICOLA COVILLO, TROYREAC HENRY
21 and JOHN CHISHOLM, individually and on
behalf of all others similarly situated,
22
23
Plaintiffs,
v.
Case No. 11-CV-00594-DMR
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE TO
FILE JOINT LETTER REGARDING
DISCOVERY DISPUTES
24 SPECIALTY’S CAFE AND BAKERY, INC.,
25 and CRAIG SAXTON,
26
Defendants.
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-1STIPULATION AND [PROPOSED] ORDER
Case No.: 11-CV-00594-DMR
1
The parties hereby stipulate as follows:
2
WHEREAS, on or about April 17, 2012, Plaintiffs filed letters with the Court regarding
3 Plaintiffs’ issues with Defendant Specialty’s Café and Bakery, Inc. and Defendant Craig Saxton’s
4 discovery responses. On April 20, 2012, the Court entered an Order requiring the parties to meet
5 and confer regarding the discovery dispute. The parties’ current deadline to file a joint letter
6 regarding any discovery disputes is August 22, 2012;
7
WHEREAS, pursuant to the Court’s April 20th Order, the parties have met and conferred
8 on numerous occasions, and have resolved many of their discovery issues. On May 15, 2012,
9 Defendants served amended and supplemental discovery responses. The Defendants also
10 produced additional documents and information in anticipation of the parties’ mediation, which
11 took place on June 18, 2012;
12
WHEREAS, the parties’ mediation proved unsuccessful and as a result, the parties have
13 continued to meet and confer regarding the outstanding discovery disputes. As a result of these
14 discussions, Defendants prepared amended responses to discovery requests and produced
15 thousands of documents.
16
WHEREAS, in light of the progress made, on July 20, 2012, the Court agreed to extend
17 the deadline to file a joint letter until August 22, 2012. Since that date the parties have made
18 substantial progress with respect to discovery disputes. Since July 20, 2012, Defendants have
19 produced
20
all timecard data pertaining to members of the California class, as requested by
21
Plaintiffs’ counsel;
22
all “coffee break” reports pertaining to members of the California class as requested
23
by Plaintiffs’ counsel;
24
a report concerning all “dirty invoices” for the entire class period;
25
management handbooks;
26
documents showing the accounting of tips;
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documents showing the accounting of delivery fees;
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-2STIPULATION AND [PROPOSED] ORDER
Case No.: 11-CV-00594-DMR
1
a sample “house floor operations schedule” (based upon agreement with Plaintiffs’
2
counsel); and
3
a sample daily deployment chart (based upon agreement with Plaintiffs’ counsel).
4
Defendants have also served Plaintiffs with Amended Responses to Request for Production
5 of Documents, Set Two.
6
Defendants will also serve Amended Responses to Request for Production of Documents,
7 Set One on or before August 21, 2012.
8
The parties have significantly narrowed the discovery-related issues in dispute over the last
9 several months. The parties continue to meet and confer to narrow those issues. Thus, in order to
10 avoid potentially unnecessary discovery motion practice, the parties request that the Court provide
11 the parties with additional time to allow Defendants to modify further their responses and produce
12 additional documents and information. Additionally, the parties request additional time to resolve
13 any outstanding discovery issues that remain thereafter.
14
IT IS THEREFORE STIPULATED AND AGREED that to the extent there remain any
15 outstanding discovery disputes, the parties’ current deadline to file a joint letter shall be continued
16 until August 29, 2012.
17
IT IS SO STIPULATED.
18
Respectfully submitted,
19 Date: August 20, 2012
20
HARRIS & RUBLE
21
By
22
/s/
Alan Harris
Attorneys for Plaintiffs
NICOLA COVILLO, TROYREAC HENRY
and JOHN CHISHOLM
23
24
I hereby attest that I have on file all holograph
signatures for any signatures indicated by a
“conformed” signature (/S/) within this efiled document.
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///
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///
-3STIPULATION AND [PROPOSED] ORDER
Case No.: 11-CV-00594-DMR
1
Date: August 20, 2012
JACKSON LEWIS LLP
2
By
/s/
Punam Sarad
Attorneys for Defendants
SPECIALTY’S CAFE AND BAKERY, INC.,
and CRAIG SAXTON
3
4
5
6
*
*
*
7 IT IS HEREBY ORDERED AS FOLLOWS:
8
To the extent the parties are unable to resolve all discovery disputes through the continued
9 meet and confer process, the parties shall file a joint letter on or before August 29, 2012.
10
11 DATED: August __, 2012
21
12
13
__________________________________
Honorable Donna M. Ryu
United States Magistrate Judge
4825-3893-4544, v. 1
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-4STIPULATION AND [PROPOSED] ORDER
Case No.: 11-CV-00594-DMR
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