Espinoza et al v. County of Fresno

Filing 183

STIPULATION and ORDER GRANTING the parties' stipulation ORDERING that any applicable statutes of limitation relating to the filing of individual actions by the opt-in plaintiffs pursuant to the Court's Order granting defendant's Motion to Decertification of Collective Action dated 3/25/2013, are hereby tolled for sixty (60) days from the entry of that Order. Order signed by Magistrate Judge Sandra M. Snyder on 4/16/2013. (Rooney, M)

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Gary M. Messing, No. 075363
James W. Henderson, Jr., No. 071170
CARROLL, BURDICK & McDONOUGH LLP
Attorneys at Law
980 9th Street Suite, 380
Sacramento, CA 95814
Telephone:
916.446.5297
Facsimile:
916.448.5047
Email:
[e-mail]
[e-mail]

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William B. Aitchison, No. 90642
AITCHISON & VICK, INC.
3021 NE Broadway
Portland, OR 97232
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiffs, JUAN ESPINOZA, PAUL
MARQUEZ, AARON EPPERLY and ERIC SCHMIDT

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN ESPINOZA, PAUL MARQUEZ,
AARON EPPERLY and ERIC
SCHMIDT,

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Plaintiffs,

Case No. 1:07-CV-01145-OWW-SMS
STIPULATION AND ORDER TOLLING
STATUTES OF LIMITATION FOR FILING
ACTIONS

v.
COUNTY OF FRESNO,

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Defendant.

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WHEREAS, on March 25, 2013 this Court issued an Order granting
Defendant’s Motion for Decertification of Collective Action; and
WHEREAS, pursuant to that Order the Court ordered that, with the exception

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of the four lead (“named”) Plaintiffs in the action all other Plaintiffs’ claims were severed

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from the action and dismissed without prejudice subject to each Plaintiff filing a separate

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action for his or her claims; and

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CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRAMENTO

CBM-SAC\SA101350.3

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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS

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WHEREAS, the Order has the effect of severing and dismissing the claims of
over 200 Plaintiffs; and

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WHEREAS, the Court tolled any applicable statutes of limitation for thirty
(30) days after the date of entry of the Order; and

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WHEREAS, to facilitate ability of the Plaintiffs to timely file individual

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actions pursuant to the terms of that Order it is hereby stipulated and agreed to by the

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parties as follows:

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1.

That any applicable statutes of limitation relating to the filing of the

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separate actions by the dismissed Plaintiffs as described in the Court’s March 25, 2013

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Order granting Defendant’s Motion for Decertification of Collective Action, be and are

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extended from thirty (30) to sixty (60) days from date of entry of the Order (March 25,

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2013).

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I hereby agree to the terms of the above Stipulation.
Dated: April 11, 2013

CARROLL, BURDICK & MCDONOUGH,
LLP

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By:

/s/ James W. Henderson, Jr.
James W. Henderson, Jr.
Attorneys for Plaintiffs Juan Espinoza, Paul
Marquez, Aaron Expertly and Eric Schmidt

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I hereby agree to the terms of the above Stipulation.

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Dated: April 11, 2013

MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH

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By:

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/s/ Michael G. Woods
(as authorized on April 11, 2013)
Michael G. Woods
Attorneys for Defendant

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CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRAMENTO

CBM-SAC\SA101350.3

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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS

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ORDER
The parties having stipulated, it is ordered that any applicable statutes of

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limitation relating to the filing of individual actions by the opt-in Plaintiffs pursuant to the

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Court’s Order granting Defendant’s Motion for Decertification of Collective Action dated

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March 25, 2013 are hereby tolled for sixty (60) days from the date of entry of that Order.

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Dated: 4/16/2013

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/s/ SANDRA M. SNYDER
United States Magistrate Judge

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CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRAMENTO

CBM-SAC\SA101350.3

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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS