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

Filing 360

Stipulation and Order Appointing Neutral Third Party Administrator, signed by Magistrate Judge Michael J. Seng on 12/15/2014. (Yu, L)

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The Honorable Michael J. Seng

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SAVITT BRUCE & WILLEY LLP
David N. Bruce
James P. Savitt
Miles A. Yanick
1425 Fourth Avenue, Suite 800
Seattle, Washington 98101
Telephone: [phone]

Pro Hac Vice
Pro Hac Vice
Pro Hac Vice

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LAW OFFICES OF WILLIAM C. HAHESY
William C. Hahesy
State Bar No. 105743
225 West Shaw Avenue, Suite 105
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Attorneys for DELANO FARMS COMPANY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA AT FRESNO

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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,

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NO.

1:09-cv-01247-MJS

STIPULATION AND ORDER
APPOINTING NEUTRAL

v.

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DELANO FARMS COMPANY, a Washington
State Corporation; CAL-PACIFIC FARM
MANAGEMENT, L.P.; T&R BANGI'S
AGRICULTURAL SERVICES, INC., and
DOES 1 through 10, inclusive,
Defendants.

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No. 1:09-cv-01247-MJS

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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I.

STIPULATION

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The parties to the above-referenced matter stipulate to the appointment of Kurtzman
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Carson Consultants (―KCC‖), which will serve as a Court-appointed third-party administrator
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and perform the functions identified in paragraphs 5–7, below, with respect to the pilot study
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described in the July 7, 2014 Joint Scheduling Report (Doc. 326) and the Declaration of Joseph
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A. Krock, Ph.D. (Doc. 337), which the Court allowed to proceed in the August 19, 2014 Order
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Regarding Discovery Schedule (Doc. 330) and the October 10, 2014 Order Denying Motion for
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Protective Order (Doc. 342) (hereinafter, the ―Pilot Study‖).
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In particular, the parties stipulate as follows:
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1.

General Purpose. KCC’s functions shall be undertaken in a manner calculated

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to ensure that the Pilot Study proceeds: (a) free from bias; (b) in a timely and cost-effective
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manner; and (c) with due regard for the schedules of all concerned parties, including the
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deponents, and their counsel.
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2.

Initial Planning Conference. As soon as practicable following the entry of this

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Order, the parties shall attempt in good faith to meet no later than December 19, 2014 with
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suitable representatives of KCC, in person at a mutually convenient location, to discuss this
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Order, the scheduling of KCC’s work, any questions raised by KCC, designated points of
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contact and modes of communication, and any other matters bearing on KCC’s ability to
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effectively perform its functions consistent with the mandate set forth in paragraph 1,
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above. The parties may bring their designated experts to this meeting. The parties shall
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prepare a written memorandum setting forth the matters agreed to at the meeting, which need
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not be filed with the Court but may be referenced in the event of a dispute.
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3.

Pilot Study List. Within 10 days of the initial planning conference described in

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paragraph 2, above, Defense counsel shall simultaneously transmit to both KCC’s designated
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representative and to Plaintiffs’ counsel the list of 192 fieldworkers whom Defendants seek to
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SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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depose in the Pilot Study,1 which may be supplemented as appropriate to ensure that 192
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fieldworkers are eventually deposed. The initial list of 192 and any additions to the list are
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collectively referred to as the ―Pilot Study List.‖
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4.

Schedule. In consultation with KCC, the parties shall develop a mutually

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agreeable schedule for depositions, to begin not sooner than January 19, 2015 and continue
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until 196 fieldworker depositions have been completed (including the 4 already completed). It
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is expected that depositions will be scheduled in blocks of approximately one week. The
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blocks may be scheduled on a rolling basis, so that a block may commence before subsequent
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blocks have been scheduled. The parties understand and agree that no scheduling will be ideal,
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and that more than one lawyer from each side must be available to participate in depositions so
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that the Pilot Study may be completed in a reasonable period of time. Plaintiffs’ counsel shall
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have reasonable notice of the deposition of any particular fieldworker. Generally, two weeks’
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notice is deemed reasonable, but the parties understand and agree that such notice will not
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always be practicable for every deposition—for instance, due to cancellations, difficulty in
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effecting service, or other circumstances beyond the control of the parties or KCC—and that
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some flexibility will be required in order to use time efficiently and to respond to the needs and
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availability of deponents. If for any reason a ―late substitution‖ of a deponent is necessary,
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Plaintiffs’ counsel will have a reasonable opportunity to meet with the absent class member
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before the deposition, even if this takes place immediately before the deposition.
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5.

Location and Service Work. KCC shall undertake reasonable and diligent

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efforts to locate and obtain current contact information for all fieldworkers on the Pilot Study
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List and to serve them with subpoenas for depositions according to the agreed schedule (the
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―Location and Service Work‖). These efforts may include, but are not necessarily limited to,
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conducting various records searches, including ―skip-traces‖ or similar address-locator
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searches; attempting to call fieldworker deponents; attempting to contact fieldworker deponents
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This represents the 196 proposed less the 4 already taken.

STIPULATION AND ORDER APPOINTING NEUTRAL - 3
No. 1:09-cv-01247-MJS

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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in person, either at home or at work; contacting current or prior employers; and contacting
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friends, family, or co-workers, but KCC must at all times be sensitive to the manner in which it
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contacts workers and the fact that the fieldworkers it is contacting may face various
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immigration-related issues and may be unfamiliar with processes such as these. It is
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understood that depositions and the Location and Service Work may proceed simultaneously,
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such that the depositions may begin before attempts have been made to locate and/or serve all
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fieldworkers on the Pilot Study List.
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6.

Script and FAQ. In contacting fieldworker deponents, KCC shall utilize the

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script and answers to frequently asked questions attached as Exhibit A when addressing the
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matters therein. If the script or answers prove in practice to be incomplete, confusing, or
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counterproductive in some respect—for instance, if there are frequent questions that are not
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addressed—KCC will notify counsel in writing and seek additional instruction.
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7.

Reporting. KCC shall keep detailed records of its activities in connection with

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the Location and Service Work. KCC shall report to the parties regarding the status of the
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Location and Service Work periodically as it deems reasonable under the circumstances or
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upon the reasonable request of any party. The reports shall include, as appropriate (a)
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identification of fieldworkers on Pilot Study List who have been located and served and the
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times of their respective depositions; (b) identification of fieldworkers on the Pilot Study List
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who KCC believes cannot be located or served and why; (c) what additional efforts, if any,
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might be undertaken to complete the Location and Service Work, the likely utility of those
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efforts, and an estimate of the additional time required to undertake them. The parties and/or
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KCC shall provide to the Court any reports ordered by the Court.
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8.

Contact with Deponents. Neither Plaintiffs’ counsel, nor any agent or

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employee of Plaintiffs’ counsel or the class, nor any class member shall contact any
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fieldworker included on the Pilot Study List before KCC notifies counsel for the parties that it
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has contacted the fieldworker and served or attempted to serve the fieldworker with a
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No. 1:09-cv-01247-MJS

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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subpoena. If a fieldworker on the Pilot Study List contacts Plaintiffs’ counsel before KCC
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provides such notice, Plaintiffs’ counsel may speak with the fieldworker but must promptly
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notify KCC and Defendants’ counsel of the contact in writing, including identification of the
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fieldworker, identification of the date, time, and manner of the contact (e.g., in person, by
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telephone, or by email), and a general description of the subject matter of the communication.
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No party will attempt to dissuade any fieldworker from attending a deposition or instruct any
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fieldworker to disobey a subpoena; moreover, the parties shall take steps to prevent direct, or
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even indirect, unintended, influencing of witnesses where contacts are permitted under this
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Stipulation and Order.
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9.

Fees and Costs. The fees and costs charged by KCC shall be the responsibility

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of Defendants. KCC will contract directly with Delano Farms for its services and shall send
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invoices to counsel for Delano Farms for payment. Plaintiffs’ counsel shall be provided copies
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of all written communications, including invoices or contracts, with Defendant’s counsel to
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ensure neutrality in the performance of its duties.
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SO STIPULATED:
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SAVITT BRUCE & WILLEY LLP

GRISWOLD, LASALLE, COBB, DOWD & GIN, LLP

By

By

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/s/ David N. Bruce
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

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Attorneys for Delano Farms Company

Attorneys for Cal-Pacific Farm Management,
L.P., and T&R Bangi’s Agricultural Services, Inc.

LAW OFFICES OF WILLIAM C. HAHESY

LAW OFFICES OF MARCOS CAMACHO

By

BY: /S/ MARIO MARTINEZ
Marcos Camacho, State Bar No. 123501
Mario Martinez, State Bar No. 200721
Thomas Patrick Lynch, State Bar No.159277

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/s/ Michael R. Johnson
Michael R. Johnson, State Bar No. 237767

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/s/ William C. Hahesy
William C. Hahesy, State Bar No. 105743

Attorneys for Delano Farms Company

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No. 1:09-cv-01247-MJS

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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II.

ORDER

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Good cause appearing the above Stipulation, including its referenced Exhibit A,
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is accepted, approved and adopted as the Order of this Court.
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IT IS SO ORDERED.

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Dated:

December 15, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND ORDER APPOINTING NEUTRAL - 6
No. 1:09-cv-01247-MJS

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]