No. CV 10-02873 PVT.
April 28, 2011
STEPHEN THOMAS DAVENPORT, JR. #88208, JEFFREY G. McCLURE #152974, DAVENPORT GERSTNER McCLURE, Walnut Creek, California, Attorneys for Defendants, The Posh Bakery, Inc., Jeffrey Ottoveggio, and Cheryl Lee.
LAW OFFICES OF ADAM WANG, ADAM PEDERSEN, Attorneys for Plaintiffs, Jorge Alberto Campos, Eneyda Mendoza, Elisabeth Vasquez, Francisco Hernandez, and Ricardo Lopez.
STIPULATION TO EXTEND TIME TO COMPLETE MEDIATION ORDER THEREON
Plaintiffs Jorge Alberto Campos, Eneyda Mendoza, Elisabeth Vasquez, Francisco Hernandez, and Ricardo Lopez, and Defendants The Posh Bakery, Inc., sued incorrectly herein as "Posh Bakery Holding Company, Inc.", Jeffrey Ottoveggio, and Cheryl Lee, by and through their respective attorneys of record, hereby submit the following Stipulation requesting that the time to complete mediation be extended, as follows:
1. In its Case Management Conference Order, filed January 12, 2011 (Docket No. 22), the Court ordered the parties to participate in mediation no later than April 7, 2011.
2. The parties scheduled mediation with Court appointed mediator Alan Berkowitz for April 7, 2011. Unfortunately, it was not possible to complete the mediation because Defendants' attorneys had not yet received the payroll records, time cards, personnel files and other employment records which are necessary to investigate and evaluate the merits and defenses in this action.
3. This is a wage and hour action in which Plaintiffs allege a failure to properly pay overtime wages and seek to recover the allegedly unpaid wages and related penalties and fees. The parties agree that in order to meaningfully investigate and evaluate the merits and defenses in this action it will be necessary to review Plaintiffs' payroll records, time cards, personnel files and other employment records. However, those records were seized by the Santa Clara County District Attorney in connection with an on-going criminal investigation and are now in the possession of the California Department of Insurance ("CDI").
4. Defendants' attorneys made arrangements to inspect and copy the documents at the CDI offices in Morgan Hill on March 23, 2011. However, the CDI only allowed Defendants' attorney to inspect 11 out of approximately 90 boxes of documents. While some payroll records for some of the Plaintiffs were included in the 11 boxes which were inspected, the records which are crucial to evaluating this action were not, including Plaintiffs' time cards and pay stubs.
5. Since Defendants' attorneys were unable to meaningfully evaluate the merits of and defenses to this action prior to the mediation scheduled for April 7, 2011, the parties agreed that it would not be productive to proceed with the mediation on that date. Therefore, the scheduled mediation was cancelled.
6. On April 11, 2011, Defendants' attorneys learned that the criminal case has been resolved and that as a result the District Attorney and CDI will return Defendants' records, although the documents may not actually be returned to Defendants for between 4 to 8 weeks.
7. Therefore, the parties respectfully request that the Court extend the time for completing the mediation until July 15, 2011, in order to allow time for Defendants to regain possession of their records from the District Attorney and CDI and to evaluate the merits of and potential defenses to this action.
ORDER (proposed)GOOD CAUSE APPEARING, pursuant to the parties' stipulation, the Court orders as follows:
1. The time to complete mediation shall be extended to July 15, 2011.