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

Filing 492

STIPULATION and ORDER RE CLASS NOTICE, signed by Magistrate Judge Michael J. Seng on 5/15/2017. (Lafata, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA AT FRESNO

8
9
10
11

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

12

NO.

1:09-cv-01247-MJS

STIPULATION AND ORDER RE
CLASS NOTICE

Plaintiffs,
13

v.
14
15
16
17
18
19
20

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.
I.

STIPULATION

Pursuant to paragraphs 56 and 57 of the Joint Stipulation of Settlement of Class Actions

21

(“Settlement”) (EFC No. 463-1, Ex. 1) and the Court’s Order of Certification of Settlement

22

Class and Preliminary Approval of Joint Stipulation of Settlement of Class Actions (ECF No.

23

484), the parties and the settlement administrator, KCC, have compiled the Class Data List,

24

identified mailing addresses for the Settlement Class Members, and calculated Anticipated

25

Settlement Shares. Under paragraph 58.a of the Settlement and the Court’s Scheduling Order

26

(ECF No. 488), KCC is to complete the First Mailing of Class Notice by May 16, 2017. Due to

27

delays in finalizing the documents to be mailed, however, KCC will not be able to complete the

STIPULATION AND ORDER RE CLASS NOTICE - 1
No. 1:09-cv-01247-MJS

1
2

mailing before May 19, 2017.
Accordingly, the parties stipulate and jointly request that the Deadline for the

3

Settlement Administrator to disseminate Class Notice (“First Mailing”) per ¶ 58.a of Settlement

4

as set forth in the Scheduling Order be modified to May 19. It is expected that this will not

5

necessitate a change in any other deadlines or in the date of the Fairness and Approval Hearing.

6

The parties and KCC also have made slight modifications to the Class Notice

7

documents in the process of finalizing them. Other than the correction of typos, formatting

8

changes, completing the blanks in the approved Class Notice documents to provide specific

9

dates and contact information, and other insignificant changes (such as referring to “daytime”

10

and “evening” phone numbers rather than “work” and “home”), the following changes have

11

been made to the following documents:

12

Notice of Proposed Class Action Settlement

13



phone number and website, to use in having questions addressed.

14
15

Settlement Class Members are now provided with an email address, in addition to a



In the response to Question 16, Jose Cuevas’s enhancement payment amount was

16

increased from $2,000 to $7,000 and the total enhancement payment to the Class

17

Representatives was increased from $32,000 to $37,000. (See ECF Nos. 480 at 3:1-

18

4 and 484 at ¶ 1(e).) In the response to Question 15, the Net Settlement Fund was

19

reduced from $3,454,823.72 to $3,449,823.72 to reflect the revised estimated

20

enhancement payments.

21

Claim Form

22



Where more than one unique name appeared in the payroll records for the same

23

Settlement Class Member, the Claim Form previously included a table showing the

24

work weeks counted for each of the different names in calculating the Settlement

25

Class Member’s Anticipated Settlement Share. The table also included a space for

26

Employee Identification Numbers. This table was deemed to be potentially

27

confusing and not likely to be useful and thus was removed. However, the Claim

STIPULATION AND ORDER RE CLASS NOTICE - 2
No. 1:09-cv-01247-MJS

1

Form still identifies the unique names believed to be associated with each

2

Settlement Class Member and included in calculating his or her anticipated

3

settlement share and states the total number of work weeks deemed to have been

4

worked by that Settlement Class Member in each Class Period.

5



Settlement Class Members are now provided with an email address, in addition to a

6

phone number and website, to use in challenging their Anticipated Settlement

7

Shares.

8
9



The estimated Net Settlement Fund has been reduced from $3,454,823.72 to
$3,449,823.72 to reflect the $7,000 payment to Mr. Cuevas. (See ECF Nos. 480 at

10

3:1-4 and 484 at ¶ 1(e)). For the same reason, the estimated payments to the

11

Representative Plaintiffs has been increased from $32,000 to $37,000.

12

The parties hereby stipulate to the above changes and request that the Court approve

13

them. The final, revised versions of the Class Notice documents are attached hereto as Exhibits

14

A (Notice of Certification of Settlement Class and Class Action Settlement and Your Rights), B

15

(Claim Form), and C (Opt-Out Form).

16
17

SO STIPULATED:
SAVITT BRUCE & WILLEY LLP

MCCORMICK BARSTOW LLP

By /s/ David N. Bruce (as authorized on May
15, 2017)
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

By /s/ D. Greg Durbin (as authorized on May 15,
2017)
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
May 15, 2017)
William C. Hahesy, State Bar No. 105743

By /s/ Mario Martinez (as authorized on May 15,
2017)
Mario Martinez, State Bar No. 200721
Thomas Patrick Lynch, State Bar No.159277

Attorney for Delano Farms Company

Attorneys for Plaintiffs

18
19
20
21
22
23
24
25
26
27

STIPULATION AND ORDER RE CLASS NOTICE - 3
No. 1:09-cv-01247-MJS

II.

1
2

ORDER

IT IS SO ORDERED. The Deadline for the Settlement Administrator to disseminate

3

Class Notice (“First Mailing”) per ¶ 58.a of Settlement, as set forth in the Scheduling Order, is

4

changed from May 16 to May 19, 2017, and the revised Class Notice forms attached hereto as

5

Exhibits A–C are hereby approved.

6

IT IS SO ORDERED.
7
8

Dated:

May 15, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

STIPULATION AND ORDER RE CLASS NOTICE - 4
No. 1:09-cv-01247-MJS