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

Filing 81

ORDER Amending Scheduling Order signed by Magistrate Judge Jennifer L. Thurston on 9/21/2011. Pretrial Conference and Trial dates are VACATED. ALL OTHER DEADLINES set forth in the scheduling order are STAYED. Telephonic Status Conference set for 11/29/2011 at 09:00 AM before Magistrate Judge Jennifer L. Thurston, joint statement filing deadline 11/22/2011. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SILVESTRE SOTO and OLGA GALVAN,
on behalf of themselves and all other similarly
situated individuals,

) Case No.: 1:09-cv-00701 AWI JLT
)
) ORDER AMENDING SCHEDULING ORDER
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Plaintiffs,
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v.
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CASTLEROCK FARMING AND
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TRANSPORT, INC., et al.,
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Defendants.
)
_______________________________________ )
After beginning in state court, this action was removed to the Eastern District on December

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21, 2005. This putative class action case seeks damages and other relief against for alleged

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violations of the Agricultural Workers Protection Act, 29 U.S.C. § 1801, et seq; failure to pay wages;

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failure to pay reporting time wages; failure to provide rest and meal periods; failure to pay wages of

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terminated or resigned employees; knowing and intentional failure to comply with itemized

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employee wage statement provisions; penalties under Labor Code § 2699, et seq; breach of contract;

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and violation of unfair competition law.

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On February 23, 2011, Plaintiffs filed their notice of motion to compel documents related to

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class certification issues. (Doc. 25) Soon thereafter, on February 28, 2011, the Court held a

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telephonic conference with counsel and ordered the discovery dispute to proceed with traditional

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briefing, rather than the abbreviated joint statement method typically required. (Doc. 28) As a
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consequence of this expanded briefing schedule, the Court stayed the deadlines related to class

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discovery, expert disclosure, expert discovery and the deadline by which the motion for class

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certification would be filed until the dispute could be resolved. Id. On March 24, 2011, the Court

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granted Defendant’s request to be permitted to depose certain declarants who provided evidence in

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support of the motion to compel. (Doc. 35) On May 23, 2011, Plaintiffs filed their motion to compel

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and third-party, J. L. Padilla & Sons, filed a motion to quash the subpoena duces tecum issued by

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Plaintiffs. (Doc. 37-39) On June 6, 2011, Defendant filed its opposition to the motion to compel

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(Doc. 40) and Plaintiff filed its opposition to the motion to quash. (Doc. 43) Reply papers were filed

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by Plaintiff and Defendant on June 13 and June 20, 2011, respectively. (Docs. 46, 48)

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The Court heard argument on the matters on June 23, 2011 (Doc. 53) and issued its written

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order granting the motion to compel in part and denying the motion to quash on July 8, 2011. (Doc.

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61) On July 20, 2011, Defendant and J.L. Padilla & Sons filed a motion for reconsideration of the

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Magistrate Judge’s order with the District Judge. (Doc. 62) Because the motion for reconsideration

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has not yet been determined, the stay of the discovery deadlines issued on February 23, 2011,

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remains in effect.

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Given this procedural posture, the dates selected at the scheduling conference are no longer
workable. As a result, the Court hereby amends the scheduling order.

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ORDER

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1.

The pretrial conference and trial dates are VACATED;

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All other deadlines set forth in the scheduling order are STAYED;

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3.

A telephonic status conference is ORDERED to be held on November 29, 2011 at 9

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a.m. before Magistrate Judge Jennifer L. Thurston. No later than November 22, 2011,

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counsel SHALL file a joint statement setting forth the status of discovery and

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proposed dates for the deadlines stayed/vacated in this order.

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IT IS SO ORDERED.

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Dated: September 21, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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