Espinoza et al v. County of Fresno

Filing 188

THIRD STIPULATION and ORDER re tolling statutes of limitations for filing actions. Order signed by Magistrate Judge Sandra M. Snyder on 6/13/2013. (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
THIRD 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\SA102192

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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

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tolled for an additional fifty-one (51) days after the date of entry of the Order to June 14,

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2013; 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 28, 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: June 7, 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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//

CARROLL, BURDICK &
MCDONOUGH LLP
ATTORNEYS AT LAW

SACRAMENTO

CBM-SAC\SA102192

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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: June 7, 2013

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MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH

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By:

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/s/ William H. Littlewood
(as authorized on June 7, 2013)
Attorneys for Defendant

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ORDER

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The parties having stipulated, it is ordered that any applicable statutes of
limitation relating to the filing of individual actions by the dismissed opt-in Plaintiffs
identified on Exhibit A hereto pursuant to the Court’s Order granting Defendant’s Motion
for Decertification of Collective Action dated March 25, 2013 are hereby tolled from the
date of that Order to June 28, 2013. The Court shall grant no further extension of time
absent a “meet and confer” with the Court showing extreme good cause for an additional
extension.
Dated:

6/13/2013

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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\SA102192

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STIPULATION AND ORDER TOLLING STATUTES OF LIMITATION FOR FILING ACTIONS

EXHIBIT A
Name
Alonzo, Victor
Alvarez, Randy
Barile, David
Bellefeuille, Phillip E.
Bolton, Douglas
Carey, Robert J.
Chandavong, Latana M.
Chatman, Dewayne
Clark, Michael
Cornell, Michael
Dau, Brian
Davis, Donna
Diaz, Jesus
Dixon, Anthony
Dull, William
Dutrow, Robert
Fierro, Ronald
Fuentez, Edangel
Garcia III, Pete
Gauthier, Sharla C.
Green, Glen L.
Greenwood, James
Harper, Frank
Harris, John
Harris, Chris
Harris, Mark
Herion, Austin
Hicks, Robert E.
Hillis, Brian
Horne, David A.
Jacobsen, Timothy
Jones, Michael W.
Kelly, Brenna
Kelzer, Alan C.
Lomeli, Jose
Loredo, Jaime R
Maldonado, Adam
Maldonado, Arthur
Marean, Robert
Martinez, Robert
McArthur, Sabrina Kay
MelKonian, Brian

Name
Montgomery, Cory B.
Moua, Sher
Mullis, Jared
Nelson, Chris J.
Nulick, Michale
Olivas, Darrel J.
O'Neill, Walden
Paul, Yvette
Pino, Jon W
Pipkin, Lewis G.
Quinn, Sean
Richards, Josh
Rivera, Tim
Rodriguez, Carlos Anthony
Rodriguez, Ramiro
Royal, Jason
Sandhu, Gurjeet
Schmidt, Gary
Siemens, Greg
Sims, Jon
Snyder, Edward C.
Soto, Miguel
Souza, John D.
Tafoya, Steven
Taylor, Chad
Vallez, Johnny
Vang, Nick
Vincent, William
Wahlenmaier, Joel/Estate of Joel
Wahlenmaier
Weibert, Dennis L.
Xiong, Neng
Xiong, Phia
Yang, Kong