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

Filing 424

Revised Stipulation and Order Regarding Modification of Scheduling Order, Hearing on the Trial Plan is now set for August 19, 2016 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng., Trial Scheduling Conference set for October 20, 2016 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 04/22/2016. (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

REVISED 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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Having met and conferred, the Parties hereby submit that good cause exists to modify
the Court’s Scheduling Order (Doc. 412), as required by Federal Rule of Civil Procedure
16(b)(4). Defendants had a plan for timely completion of discovery, but have encountered
circumstances necessitating a modification of the current scheduling order.
REVISED STIPULATION AND ORDER REGARDING
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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On or around March 30, 2016, counsel for California Survey Research Services
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(“CSRS”) informed Delano Farms that they had recently been retained and that the CSRS
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deponents were no longer available for depositions that previously had been scheduled to occur
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on April 11 and 12 (having been continued once, at CSRS’s request, from April 6 and 7).
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Counsel for CSRS requested a continuance of the depositions until the week of April 25 to give
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counsel adequate time to prepare. CSRS counsel also needed time to complete the production
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of documents responsive to Delano Farms’ subpoena. CSRS made a supplemental production
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of documents on April 7 and has told Delano Farms' counsel that an additional production will
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be forthcoming on April 11.
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The deposition of Plaintiffs’ expert, Dr. Roberts, was scheduled for April 22. Because
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Defendants intend to depose Dr. Roberts after the CSRS deponents, Defendants prefer that his
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deposition be rescheduled for the first or second week of May and Plaintiffs do not object.
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According to Plaintiffs’ counsel, Plaintiffs are also working in good faith with
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Bakersfield Market Research (“BMR”) to ensure that a small number of additional documents
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identified during the March 30 depositions of BMR representatives will be promptly produced
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to all Defendants.
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Good cause existing to modify the Scheduling Order, the Parties hereby stipulate as
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follows:
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1.

Defendants’ deadline for making expert disclosures and filing their responses to

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Plaintiffs’ trial plan is continued from May 16, 2016 to June 6, 2016. If Defendants choose to
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make a counter-proposal, it shall be as part of their response.
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2.

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

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continued from June 6, 2016 to July 5, 2016.
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3.

The hearing on the trial plan shall be continued from June 30, 2016 to August

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19, 2016, at 9:30 a.m., Fresno Courtroom 6 (MJS).
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4.

The existing discovery cut-off, May 30, 2016, is hereby stricken. The parties

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REVISED STIPULATION AND ORDER REGARDING
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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will meet and confer regarding a proposed discovery cut-off and will present this cut-off date to
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the Court at the August 9 hearing on the trial plan.
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5.

The Trial Scheduling Conference shall be continued from September 15, 2016 to

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October 20, 2016, at 9:30 a.m., Fresno Courtroom 6 (MJS).
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SO STIPULATED:
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SAVITT BRUCE & WILLEY LLP

MCCORMICK BARSTOW LLP

By /s/ David N. Bruce (as authorized on
04/19/2016)
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

By /s/ D. Greg Durbin (as authorized on
04/19/2016)
D. Greg Durbin, State Bar No. 81749
Laura A. Wolfe, State Bar No. 266751

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

By /s/ William C. Hahesy (as authorized
on 04/19/2016)
William C. Hahesy, State Bar No. 105743

By /s/ Mario Martinez (as authorized on
04/19/2016)
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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REVISED STIPULATION AND ORDER REGARDING
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 existing to modify the Scheduling Order, the Court hereby approves and
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adopts as the Order of the Court the stipulation as follows:
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1. Defendants’ deadline for making expert disclosures and filing their responses to
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Plaintiffs’ trial plan is continued from May 16, 2016 to June 6, 2016. If Defendants
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choose to make a counter-proposal, it shall be as part of their response.
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2. Plaintiffs’ deadline for filing a reply in support of their proposed trial plan is continued
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from June 6, 2016 to July 5, 2016.
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3. The hearing on the trial plan shall be continued from June 30, 2016 to August 19, 2016,
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at 9:30 a.m., Fresno Courtroom 6 (MJS).
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4. The existing discovery cut-off, May 30, 2016, is hereby stricken. The parties will meet
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and confer regarding a proposed discovery cut-off and will present this cut-off date to
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the Court at the August 9 hearing on the trial plan.
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5. The Trial Scheduling Conference shall be continued from September 15, 2016 to
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October 20, 2016, at 9:30 a.m., Fresno Courtroom 6 (MJS).
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IT IS SO ORDERED.

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Dated:

April 22, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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REVISED STIPULATION AND ORDER REGARDING
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]