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

Filing 304

STIPULATION and ORDER GRANTING the parties' request for a continuance of the hearing on the Motions for Decertification, documents 273 and 275 , currently set for 8/30/2013 and CONTINUING the hearing on same to 9/27/2013 at 11:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Order signed by Magistrate Judge Michael J. Seng on 8/20/2013. (Rooney, M)

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David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice
Sarah Gohmann Bigelow, Pro Hac Vice
SAVITT, BRUCE & WILLEY, LLP
1425 Fourth Avenue, Suite 800
Seattle, WA 98101-2272
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
William C. Hahesy, #105743
LAW OFFICES OF WILLIAM C. HAHESY
225 West Shaw Avenue, Suite 105
Fresno, CA 93704
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Defendant DELANO FARMS COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SABAS ARREDONDO, JOSE CUEVAS,
HILARIO GOMEZ, IRMA LANDEROS,
and ROSALBA LANDEROS individually,
and on behalf of all others similarly situated,

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Plaintiffs,

Case No. 1:09-cv-01247 MJS
JOINT STIPULATION AND ORDER RE
HEARING ON MOTIONS FOR
DECERTIFICATION AND FOR A
TRIAL PLAN

v.
DELANO FARMS COMPANY, a
Washington State Corporation; CALPACIFIC FARM MANAGEMENT, L.P.;
T&R BANGI’S AGRICULTURAL
SERVICES, INC., and DOES 1 through 10,
inclusive,
Defendants.
STIPULATION AND JOINT MOTION
WHEREAS, the above-captioned Parties participated in a full day of mediation on July
3, 2013, in San Francisco, California, with mediator David Rudy;
WHEREAS, since mediation, the Parties have agreed to tentatively settle the abovecaptioned lawsuit, subject to their negotiation of the remaining terms;
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____________________________________________________________________________________________________

JOINT STIPULATION AND ORDER RE HEARING ON MOTIONS FOR DECERTIFICATION AND
FOR A TRIAL PLAN

WHEREAS, since mediation, the Parties have been exchanging documentation and

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discussing the remaining terms;
WHEREAS, the Parties participated in a further mediated session with David Rudy on

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August 14, 2013, to assist in the negotiation of the remaining terms, which efforts resulted in

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further tentative agreement on some of the remaining terms and the establishment of a schedule

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designed to assist in reaching agreement on the remaining terms;
WHEREAS, the hearing on Defendants’ motions for decertification and for a trial plan

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(“Hearing”) is presently on calendar for Friday, August 30, 2013;
WHEREAS, continuance of the Hearing is in the best interests of the Parties and will

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allow time necessary to consummate a binding settlement agreement, which would then be

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subject to Court approval;
WHEREAS, the Parties wish to prevent unnecessary expenditure of judicial resources;

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and
WHEREAS, the nearest regular motion hearing date available to all Parties is Friday,

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September 27, 2013, which date has been agreed to by the Parties as part of the schedule

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mentioned above;

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THEREFORE, the Parties do hereby stipulate and respectfully request that the Hearing

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be continued to Friday, September 27, 2013.

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SAVITT BRUCE & WILLEY LLP

GRISWOLD, LASALLE, COBB, DOWD & GIN, LLP

By __/s/ David N. Bruce____________
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice
Attorneys for Defendant, Delano Farms
Company

By __/s/ Michael R. Johnson______________
Michael R. Johnson
Attorneys for Defendants, Cal-Pacific Farm
Management, L.P., and T&R Bangi’s Agricultural
Services, Inc.

LAW OFFICES OF WILLIAM C. HAHESY

MYERS, WIDDERS, GIBSON, JONES & FEINGOLD,
LLP

By __/s/ William C. Hahesy_________
William C. Hahesy
Attorneys for Defendant, Delano Farms
Company

By __/s/ James E. Perero________________
James E. Perero
Attorneys for Plaintiffs Sabas Arredondo, et al.

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____________________________________________________________________________________________________

JOINT STIPULATION AND ORDER RE HEARING ON MOTIONS FOR DECERTIFICATION AND
FOR A TRIAL PLAN

ORDER

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Based on the foregoing stipulation, the Court hereby orders that the hearing on

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Defendants’ motions for decertification and a trial plan shall take place on Friday, September

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27, 2013, at 11:00 a.m. in Courtroom 6, United States District Court, Fresno, California.

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IT IS SO ORDERED.

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Dated:

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August 20, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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92b0h

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____________________________________________________________________________________________________

JOINT STIPULATION AND ORDER RE HEARING ON MOTIONS FOR DECERTIFICATION AND
FOR A TRIAL PLAN