Carlin et al v. DairyAmerica, Inc. et al

Filing 372

ORDER GRANTING in part and DENYING in part the Motion for Modification of Minute Entry, document 362 . Order signed by Magistrate Judge Erica P. Grosjean on 12/5/2016. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD CARLIN, JOHN RAHM, PAUL
ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and all
others similarly situated,
Plaintiffs,
v.
DAIRYAMERICA, INC., and CALIFORNIA
DAIRIES, INC.
Defendants

Case No. 1:09-cv-00430-AWI-EPG
ORDER GRANTING IN PART AND
DENYING IN PART MOTION FOR
MODIFCATION OF MINUTE ENTRY
(Doc. 362)

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A settlement conference was held in this case October 3, 2016. (ECF No. 359.)
Immediately following the conclusion of the settlement conference, the Court entered the
following minute entries:

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MINUTES (Text Only) for proceedings before Magistrate Judge Erica P.
Grosjean: SETTLEMENT CONFERENCE held on 10/3/2016; CASE NOT
SETTLED. Plaintiffs' Counsel Benjamin Brown, George Farah, Cari Laufenberg,
Aidan Chowming Poppler, and Mark Griffin present. Counsel for defendant
DairyAmerica, Inc., Charles English, Allison Davis, and Sanjay Nangia present
and also present on behalf of DairyAmerica, Inc., were Messrs. Huffman and
Murfield. Counsel for defendant California Dairies, Inc., Lawrence Cirelli, Megan
Oliver Thompson, and David Tartagalio present and also present on behalf of
California Dairies, Inc., were Messrs. Krajec, Smith, Erba, Moon, and
Schoenveld.

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(ECF No. 359.)

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MINUTE ORDER: (TEXT ENTRY ONLY) The settlement conference held on
October 3, 2016, was concluded by the Court after discussions with California
Dairies, Inc. indicating that the settlement conference was premature with regards

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to California Dairies because that defendant was not prepared to settle the case
today on any reasonable terms. The other parties, Plaintiffs and DairyAmerica,
Inc., have leave of the Court to request that California Dairies reimburse the costs
they incurred to prepare for and attend the settlement conference by filing a
request with the Court no later than October 11, 2016.

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(ECF No. 360.)

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On October 11, 2016, California Dairies, Inc. filed the instant motion requesting

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modification of the minutes at ECF No. 359 in order to “accurately reflect the attorneys and

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individuals who appeared on behalf of California Dairies, as stated during appearances taken by

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the Court at the beginning of the settlement conference.” (ECF No. 362-1 at 2.)

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California Dairies requests that the Court correct and clarify the minute order at ECF No. 360 in

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order to “accurately reflect which party in attendance made the statements referenced therein.”

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(Id.)

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Second,

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A hearing was held on November 18, 2016, wherein the motion to modify the minute

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entry was discussed. (ECF No. 369.) For the reasons disclosed on the record at the November 18

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hearing, Defendant California Dairies’ motion (ECF No. 362) is granted in part and denied in

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part. The minutes (ECF No. 359) shall be amended and modified as follows:

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MINUTES (Text Only) for proceedings before Magistrate Judge Erica P.
Grosjean: SETTLEMENT CONFERENCE held on 10/3/2016; CASE NOT
SETTLED. Plaintiffs' Counsel Benjamin Brown, George Farah, Cari Laufenberg,
Aidan Chowming Poppler, and Mark Griffin present. Counsel for defendant
DairyAmerica, Inc., Charles English, Allison Davis, and Sanjay Nangia present
and also present on behalf of DairyAmerica, Inc., were Messrs. Huffman and
Murfield. Counsel for defendant California Dairies, Inc., Lawrence Cirelli, Megan
Oliver Thompson, and David Tartagalio present and also present on behalf of
California Dairies, Inc., were Messrs. Krajec, Smith, Erba, Moon, and
Schoenveld. California Dairies was represented at the settlement conference by its
counsel, Lawrence Cirelli and Megan Oliver Thompson. In addition, the
following individuals attended for California Dairies: Dr. Eric Erba, Senior Vice
President and Chief Strategy Officer; John Moons, Chairman of the Board of
Directors and dairy farmer member of California Dairies; and BJ Schoneveld,
member of the Board of Directors and dairy farmer member of California Dairies.
Attorney David Tartaglio appeared only on behalf of his client, RSUI Indemnity
Company (“RSUI”), which is one of California Dairies’ insurers. Mr. Krajec is a
representative of RSUI, and Mr. Smith is counsel for RLI, which is also one of
California Dairies’ insurers.

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Additionally, the minute order (ECF No. 360) shall be amended and modified as follows:

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MINUTE ORDER: (TEXT ENTRY ONLY) The settlement conference held on
October 3, 2016, was concluded by the Court after discussions with California
Dairies, Inc. indicating that the settlement conference was premature with regards
to California Dairies because that defendant was not prepared to settle the case
today on any reasonable terms. The other parties, Plaintiffs and DairyAmerica,
Inc., have leave of the Court to request that California Dairies reimburse the costs
they incurred to prepare for and attend the settlement conference by filing a
request with the Court no later than October 11, 2016.

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IT IS SO ORDERED.
Dated:

December 5, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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