Espinoza et al v. County of Fresno

Filing 186

SECOND STIPULATION and ORDER tolling statutes of limitation for filing actions. Order signed by Magistrate Judge Sandra M. Snyder on 5/21/2013. (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
SECOND 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\SA101904.2

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SECOND 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 Parties previously stipulated that the statutes of limitation be
tolled for an additional thirty (30) days after the date of entry of the Order; and

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WHEREAS, despite efforts by US Mail, Certified Mail, return receipt

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requested, email and telephone, Plaintiffs’ counsel have still not heard from all of the opt-

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in Plaintiffs as to whether they wish to proceed by separate actions, and

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WHEREAS, in order to facilitate the efforts of Plaintiffs’ counsel to contact

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their clients and ascertain their wishes with respect to filing of new actions, it is hereby

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stipulated and agreed to by the 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 the date of entry of the Order (March 25, 2013) to June 14, 2013 provided

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however, that this stipulation shall apply only to the dismissed Plaintiffs identified in

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Exhibit A attached hereto who have not as of the date of this Stipulation confirmed

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whether they wish to have a new action filed on their behalf.

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I hereby agree to the terms of the above Stipulation.

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Dated: May 16, 2013

CARROLL, BURDICK & MCDONOUGH, LLP

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By:

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/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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//

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//

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//

CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRAMENTO

CBM-SAC\SA101904.2

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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS

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I hereby agree to the terms of the above Stipulation.
Dated: May 16, 2013

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MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH

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By:

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/s/ Michael G. Woods
(as authorized on May 16, 2013)
Michael G. Woods
Attorneys for Defendant

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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 dismissed opt-in Plaintiffs

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identified on Exhibit A to Docket Entry 185 (STIPULATION and PROPOSED ORDER)

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pursuant to the Court’s Order granting Defendant’s Motion for Decertification of

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Collective Action dated March 25, 2013 are hereby tolled from the date of that Order to

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June 14, 2013.

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Dated: 5/21/2013

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/s/ SANDRA M. SNYDER

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United States Magistrate Judge

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CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRAMENTO

CBM-SAC\SA101904.2

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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS