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

Filing 412

Stipulation and Order Regarding Modification of Scheduling Order, signed by Magistrate Judge Michael J. Seng on 2/5/2016. (Yu, L)

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David N. Bruce, Pro Hac Vice
James P. Savitt, 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, Washington 98101
Telephone: [phone]

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

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NO.

1:09-cv-01247-MJS

STIPULATION AND ORDER
REGARDING MODIFICATION OF
SCHEDULING ORDER

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,

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Defendants.
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On February 3, 2016, a Telephonic Discovery Dispute Conference was held to address
issues relating to the timing of Plaintiffs’ service of written objections to Delano Farms
Company’s Fourth Set of Interrogatories and Fifth Set of Requests for Production (the
“Discovery”). (Doc. 409.) The Parties were directed to meet and confer further to reach an
STIPULATION AND ORDER RE MODIFICATION OF
SCHEDULING ORDER - 1
No. 1:09-cv-01247-MJS

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

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agreement for the extension of the deadlines in the Amended Scheduling Order to

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accommodate Plaintiffs’ request for additional time to serve their objections. (Id.)

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Having met and conferred, the Parties hereby stipulate as follows:

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1.

Plaintiffs’ Survey Completion Deadline, Expert Disclosure Deadline, and Trial

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Plan Filing Deadline shall remain unchanged as set forth in the Amended Scheduling Order.

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(Doc. 407.)
2.

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Plaintiffs’ deadline to serve supplemental responses and objections, if any, to the

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Discovery is February 29, 2016. Plaintiffs will use a service method that ensures Defendants’

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receipt of all materials on February 29, 2016. To the extent the requested information or

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documents have already been produced in Plaintiffs’ expert disclosures or are being withheld

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based on objections, Plaintiffs’ responses will so state.
3.

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The Parties will meet and confer on Plaintiffs’ objections and responses to the

Discovery on March 1, 2016.
4.

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Delano Farms will file its motion regarding Plaintiffs’ objections and responses

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to the Discovery, if necessary, by March 7, 2016. Delano Farms is further excused from

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following the Court’s procedures for a Telephonic Discovery Dispute Conference in advance of

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filing its motion. The Parties agree to waive the provisions of Local Rule 251, including the

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time limits for hearing on the motion and the preparation of a joint statement regarding

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discovery disagreement. The Parties agree that the moving papers may include a notice of

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motion, memorandum of points and authorities, and declarations. The Discovery requests,

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objections and written responses at issue will be reproduced in full, in Delano Farms’ moving

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papers. Opposing papers may include a memorandum of points and authorities and

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declarations. The Parties further agree that the Court may rule by minute order outlining the

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rationale for the ruling without a detailed recitation of authority.
5.

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Any opposition to Delano Farms’ Discovery motion must be filed by March 14,

6.

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Any reply in support of Delano Farms’ Discovery motion must be filed by

2016.

STIPULATION AND ORDER RE MODIFICATION OF
SCHEDULING ORDER - 2
No. 1:09-cv-01247-MJS

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

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March 17, 2016.

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7.

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Delano Farms’ Discovery motion will be noted for a hearing date of March 18,

2016. The motion will be heard without oral argument unless requested by the Court.
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Defendants’ deadline for making expert disclosures and filing their response to

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Plaintiffs’ trial plan is May 16, 2016. If Defendants chose to make a counter-proposal, it shall

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be as part of the response.

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9.

Plaintiffs’ deadline for filing a reply in support of their proposed trial plan is

June 6, 2016.
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A hearing on the trial plan shall be held on June 30, 2016, at 9:30 a.m., Fresno

Courtroom 6 (MJS).
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The Trial Scheduling Conference will remain unchanged as set forth in the

Amended Scheduling Order. (Doc. 407.)

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SO STIPULATED:

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SAVITT BRUCE & WILLEY LLP

MCCORMICK BARSTOW LLP

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By /s/ David N. Bruce (as authorized on
02/05/2016)
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

By /s/ D. Greg Durbin (as authorized on
02/05/2016)
D. Greg Durbin, State Bar No. 81749
Laura A. Wolfe, State Bar No. 266751

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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

MARTINEZ AGUILASOCHO & LYNCH

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By /s/ William C. Hahesy (as authorized
on 02/05/2016)
William C. Hahesy, State Bar No. 105743

By /s/ Thomas Patrick Lynch (as authorized
on 02/05/2016)
Mario Martinez, State Bar No. 200721
Thomas Patrick Lynch, State Bar No.159277

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Attorney for Delano Farms Company

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Attorneys for Plaintiffs
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STIPULATION AND ORDER RE MODIFICATION OF
SCHEDULING ORDER - 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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ORDER

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Good cause appearing, the Court accepts and adopts the terms of the
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STIPULATION REGARDING MODIFICATION OF SCHEDULING ORDER in Case

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NO.1:09-cv-01247-MJS and modifies the Scheduling Order in the way and to the

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extent provided in the said Stipulation.

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IT IS SO ORDERED.

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Dated:

February 5, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER RE MODIFICATION OF
SCHEDULING ORDER - 4
No. 1:09-cv-01247-MJS

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