Soto, et al. v. Castlerock Farming, et al.

Filing 145

ORDER GRANTING STIPULATION to Amend the Briefing Schedule re Motion for Class Certification re 144 , signed by Magistrate Judge Jennifer L. Thurston on 8/14/2013. Filing Deadlines: Motion for Class Certification 9/30/2013; Opposition 10/28/2013; Reply 11/18/2013. Hearing on Motion for Class Certification CONTINUED to 12/18/2013 at 09:00 AM at the United States Courthouse, 510 19th Street (JLT), Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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GLYNN & FINLEY, LLP
CLEMENT L. GLYNN, Bar No. 57117
JAMES M. HANLON, JR., Bar No. 214096
MORGAN K. LOPEZ, Bar No. 215513
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Castlerock Farming and Transport, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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SILVESTRE SOTO and OLGA GALVAN, )
on behalf of themselves and all others
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similarly situated,
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Plaintiff,
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vs.
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CASTLEROCK FARMING AND
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TRANSPORT, INC., and DOES 1-20,
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Defendant.
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Case No. 09-cv-00701-AWI-JLT
ORDER GRANTING STIPULATION
TO AMEND THE BRIEFING
SCHEDULE RE: MOTION FOR CLASS
CERTIFICATION
(Doc. 144)

On May 24, 2013, Magistrate Judge Jennifer L. Thurston amended the briefing

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schedule governing Plaintiff’s motion for class certification. Docket No. 137. Both Mr. Glynn

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and Mr. Hanlon, counsel for defendant Castlerock Farming and Transport, Inc. (“Castlerock”),

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are currently engaged in trial in Santa Clara County, Case No. 1-00-CV-788657, a public

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nuisance suit brought by ten cities and counties seeking abatement of lead paint on residences.

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Mr. Glynn and Mr. Hanlon represent E.I. du Pont de Nemours and Company, one of five

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defendants. The plaintiffs seek abatement with a forecast cost in excess of $1 billion. The

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presentation of evidence is expected to continue into early September and will be followed by

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post-trial merits briefing because the case is being tried to the court, rather than a jury.
-1ORDER RE: CLASS CERTIFICATION BRIEFING SCHEDULE Case No. 09-cv-00701-AWI-JLT

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Castlerock’s counsel thus expect to be fully occupied by their present trial through the end of

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September.

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Due to counsel’s schedule conflict, the parties stipulate to amend the class
certification briefing schedule as follow:
A. Plaintiff’s motion for class certification SHALL be filed on or before
September 30, 2013;
B. Defendant’s opposition to class certification SHALL be filed on or before
October 28, 2013;
C. Plaintiff’s reply SHALL be filed on or before November 18, 2013.
D. The hearing on Plaintiff’s motion for certification SHALL take place on a
date convenient to the Court.
Dated: August 12, 2013

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/s/ Morgan K. Lopez________________
GLYNN & FINLEY, LLP
Clement L. Glynn
James M. Hanlon, Jr.
Morgan K. Lopez
Counsel for Defendant

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Dated: August 12, 2013

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/s/ Stan S. Mallison__________________
MALLISON & MARTINEZ
Stan S. Mallison
Hector R. Martinez
Marco A. Palau
Joseph D. Sutton
Counsel for Plaintiff

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ORDER

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Before the Court is the stipulation of counsel to, once again, re-set the briefing schedule

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for the class certification motion. In the last stipulation, defense counsel requested an extension

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of the briefing schedule due to a pre-planned vacation. Now, the extension is requested due to a

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significant trial with which defense counsel will be engaged during the time that they, otherwise,

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would be preparing the opposition to the class certification motion.
-2ORDER RE: CLASS CERTIFICATION BRIEFING SCHEDULE Case No. 09-cv-00701-AWI-JLT

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The Court is fully aware of the demands of a busy practice and does not discount the need

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for rest times and will GRANT the stipulation. However, short of a severe situation, the Court

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will not entertain any further requests to amend the briefing schedule. Therefore the

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briefing schedule is amended as follows:

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A. The motion for class certification SHALL be filed on or before September 30, 2013;

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B. Opposition to class certification SHALL be filed on or before October 28, 2013;

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C. The reply SHALL be filed on or before November 18, 2013;

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D. The motion for class certification will be heard on December 18, 2013 at 9:00 a.m.

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Telephonic appearances via CourtCall are authorized.

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IT IS SO ORDERED.
Dated:

August 14, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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-3ORDER RE: CLASS CERTIFICATION BRIEFING SCHEDULE Case No. 09-cv-00701-AWI-JLT