Lopez, et al. v. Lassen Dairy, Inc.

Filing 81

STIPULATION and ORDER TO AMEND THE SECOND SCHEDULING ORDER signed by District Judge Lawrence J. O'Neill on July 2, 2010. (Lira, I)

Lopez, et al. v. Lassen Dairy, Inc.

Doc. 8

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Stan S. Mallison, (SBN 184191) Hector R. Martinez (SBN 206336) Marco A. Palau (SBN 242340) Jessica Juarez (SBN 269600) MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone]s [e-mail] [e-mail] Attorneys for PLAINTIFFS Olga A. Balderama #166476 Gary N. Lento #225118 BAKER MANOCK & JENSEN, PC 5260 North Palm Avenue, Fourth Floor Fresno, California 93704 Telephone: [phone] Facsimile: 559.432.5620
Attorneys for Defendants LASSEN DAIRY INC. (doing business as "Meritage Dairy"); TULE RIVER FARMS INC; TULE RIVER RANCH, INC; BONANZA FARMS; and WILLIAM VANDER POEL, SR.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION JOSE A. LOPEZ, JUAN CARLOS ) Case No.: 1:08-cv-00121-LJO-GSA APOLINAR, JUAN JOSE ESTRADA SOTA, ) JUAN JOSE CERVANTES, ISMAEL ) CUEVAS, REYNAR MENDOZA, and JESUS ) RODRIGUEZ, on behalf of themselves and all ) STIPULATION AND ORDER TO AMEND other similarly situated individuals, ) THE SECOND SCHEDULING ORDER ) Plaintiffs, ) ) vs. ) ) LASSEN DAIRY INC. (doing business as ) "Meritage Dairy"); TULE RIVER FARMS ) INC.; TULE RIVER RANCH, INC.; ) BONANZA FARMS; and WILLIAM ) VANDER POEL, SR., ) ) Defendants. ) )

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STIPULATION AND ORDER TO AMEND THE SECOND SCHEDULING ORDER

Dockets.Justia

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Plaintiffs JOSE A. LOPEZ, JUAN CARLOS APOLINAR, JUAN JOSE ESTRADA SOTA, JUAN JOSE CERVANTES, ISMAEL CUEVAS, REYNAR MENDOZA, AND JESUS RODRIQUEZ ("Plaintiffs"), by and through their counsel of record, Stan Mallison, Esq., of Mallison & Martinez; and Defendants, LASSEN DAIRY INC. (doing business as "Meritage Dairy"); TULE RIVER FARMS INC; TULE RIVER RANCH, INC; BONANZA FARMS; and WILLIAM VANDER POEL, SR., (sometimes collectively referred to herein as "Defendants"), by and through their counsel of record, Gary N. Lento, Esq. and/or Olga A. Balderama, Esq., of Baker Manock & Jensen, PC., do hereby stipulate as follows: WHEREAS, on June 18, 2010, counsel for Plaintiffs and Defendants appeared before Magistrate Judge Gary S. Austin for Plaintiffs' (1) Motion to Compel Further Responses to Plaintiffs' Second Set of Requests for Production of Documents, and (2) Motion to Compel Further Responses to Plaintiffs' Third Set of Requests for Production of Documents; WHEREAS, Judge Austin required the parties to spend the entire day meeting and conferring, in person, in an attempt to resolve the discovery disputes referenced above, and return to Court at 3:00 p.m. to inform him of the status of the discussions; WHEREAS, based on the representations of parties' counsel, Judge Austin continued the hearing on both Motions to Compel to Friday, June 25, 2010, at 9:30 a.m.; WHEREAS, Defendants have filed a Motion for Summary Judgment; WHEREAS, pursuant to the Second Scheduling Order dated February 4, 2010, Doc. No. 56, the Motion for Summary Judgment is scheduled to be heard by the Honorable Lawrence O'Neill, on August 12, 2010 at 8:30 a.m.; WHEREAS, the parties have agreed to withdraw plaintiffs' current motions to compel in return for the production of certain documents, information, and representations as described below, WHEREAS, as part of the discovery stipulation and order granted by Judge Austin, the parties are required to request by this stipulation that the summary judgment motion briefing schedule be altered so that the discovery agreed upon in Judge Austin's order can be produced and analyzed (including conducing mailings to class members) in time for Plaintiffs'
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STIPULATION AND ORDER TO AMEND THE SECOND SCHEDULING ORDER

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summary judgment opposition brief. NOW, THEREFORE, the parties, by and through their counsel, do hereby STIPULATE AND AGREE as follows: 1. That the Second Scheduling Order dated February 4, 2010, Doc. No. 56, be amended to

allow Plaintiffs up to an including July 9, 2010 to file their Opposition to Defendants' Motion for Summary Judgment; and to allow Defendants up to and including August 7, 2010 to file their Reply. IT IS SO STIPULATED. Dated: June 30, 2010. MALLISON & MARTINEZ By____/s/ Stan S. Mallison_______ Stan S. Mallison Attorneys for Plaintiffs JOSE A. LOPEZ, JUAN CARLOS APOLINAR, JUAN JOSE ESTRADA SOTA, JUAN JOSE CERVANTES, ISMAEL CUEVAS, REYNAR, MENDOZA, and JESUS RODRIGUEZ DATED: June 30, 2010. BAKER MANOCK & JENSEN, PC By /s/ Gary N. Lento Gary N. Lento Olga A. Balderama Attorneys for Defendants LASSEN DAIRY INC. (doing business as "Meritage Dairy"),TULE RIVER FARMS INC., TULE RIVER RANCH, INC., BONANZA FARMS, and WILLIAM VANDER POEL, SR.

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STIPULATION AND ORDER TO AMEND THE SECOND SCHEDULING ORDER

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STIPULATION AND ORDER TO AMEND THE SECOND SCHEDULING ORDER

ORDER 1. The Second Scheduling Order dated February 4, 2010, Doc. No. 56, is hereby

amended to allow Plaintiffs up to an including July 9, 2010 to file their Opposition to Defendants' Motion for Summary Judgment; and to allow Defendants up to and including August 7, 2010 to file their Reply. .

IT IS SO ORDERED. Dated: July 2, 2010.

/s/ Lawrence J. O'Neill HONORABLE LAWRENCE J. O'NEILL U.S. DISTRICT JUDGE