Arredondo, et al. vs. Delano Farms Company, et al.

Filing 147

ORDER DENYING 127 Plaintiff's Motion to set Pretrial Conference and Trial. Order signed by Magistrate Judge Dennis L. Beck on 3/12/2012. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SABAS ARREDONDO, et al.,
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Plaintiff,
v.
DELANO FARMS COMPANY, et al.,

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Defendants.
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1:09cv01247 LJO DLB
ORDER DENYING PLAINTIFFS’ MOTION
TO SET PRETRIAL CONFERENCE AND
TRIAL
(Document 127)

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On February 3, 2012, Plaintiffs Sabas Arredondo, Jose Cuevas, Hilario Gomez, Irma
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Landeros and Rosalba Landeros, individually and on behalf of all others similarly situated
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(“Plaintiffs”), filed the instant motion to set a pretrial conference and trial. The matter was heard
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on March 9, 2012, before the Honorable Dennis L. Beck, United States Magistrate Judge.
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Gregory Ramirez and James Perero appeared on behalf of Plaintiffs. Michael Johnson and
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Howard Sagaser appeared on behalf of Defendant Delano Farms Company (“Delano Farms”).
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BACKGROUND
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On July 17, 2009, Plaintiffs filed this action against Delano Farms, Cal-Pacific Farm
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Management, L.P., and T&R Bangi’s Agricultural Services, Inc. based on allegations that they
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were not compensated for all time worked. Plaintiffs are seasonal, agricultural workers who
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worked in agricultural fields and packing sheds owned by Defendant Delano Farms. Defendants
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Cal-Pacific Management and T&R Bangi are farm labor contractors working with Delano Farms
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to provide its labor force.
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On April 19, 2011, the Court certified a class of non-exempt agricultural employees of

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Delano Farms, Cal-Pacific and T&R Bangi who performed field work at Delano Farms. The

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certified class excludes certain employees and is divided into four subclasses. Doc. 85.

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On September 12-13, 2011, the parties participated in mediation and agreed that Plaintiffs

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would conduct further discovery to prepare their opposition to a motion for summary judgment

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proposed by Delano Farms on the issue of joint employer liability. Declaration of Gregory J.

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Ramirez (“Ramirez Dec.”) ¶ 3.

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On October 12, 2011, the Court held a scheduling conference and the parties agreed to
postpone mediation until February 8, 2012. Ramirez Dec. ¶ 4. The Court directed the parties to

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submit a proposed order with new scheduling dates for the Court to review. Doc. 100. No

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proposed order was submitted to the Court.

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On February 2, 2012, Delano Farms filed a motion for summary judgment on the issue of

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whether it is a joint employer with Cal-Pacific and T&R Bangi. Plaintiffs’ opposition is due

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March 15, 2012, and Delano Farms’ reply is due March 22, 2012. Thereafter, the matter will be

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submitted on the pleadings. Doc. 140.

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On February 3, 2012, Plaintiffs filed the instant motion to set a pretrial conference and

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trial. Doc. 127. On February 14, 2012, Delano Farms filed its opposition and Plaintiffs filed a

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reply on March 2, 2012.

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DISCUSSION

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Plaintiffs request this action be set for a pretrial conference and trial. Fed. R. Civ. Proc.

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40; Local Rule 280. At the hearing, Plaintiffs agreed it is reasonable to wait until after the joint

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employer issue is resolved on summary judgment to schedule dates for a pretrial conference and

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trial. Resolution of the issue will clarify the remaining discovery, parties and claims in this

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action. After a ruling, the Court will set a status conference to discuss scheduling and related

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issues.

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ORDER
Plaintiffs’ motion to set pretrial conference and trial is DENIED.
IT IS SO ORDERED.
Dated:
3b142a

March 12, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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