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

Filing 498

STIPULATION and ORDER RE CLASS COUNSELS MOTION FOR ATTORNEYS FEES AND MISCELLANEOUS MATTERS, signed by Magistrate Judge Michael J. Seng on 7/20/2017. (Lafata, M)

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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 RE
CLASS COUNSEL’S MOTION FOR
ATTORNEY’S FEES AND
MISCELLANEOUS MATTERS

v.
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 the Court’s Scheduling Order (Dok. 488), the deadline for Class Counsel to

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file its Motion for Attorney’s Fees is July 21, 2017. Due primarily to Class Counsel’s recent

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illness, they have requested to extend the deadline for Class Counsel to file its motion for

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attorney’s fees by two weeks, to August 4, 2017. Defendants do not oppose this extension. As

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a result of this proposed change in date, it is necessary to extend the deadline for class members

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to submit objections to the settlement by two weeks – from August 4, 2017 to August 18, 2017.

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In light of these changes, the parties agree that the deadline to submit claim forms also

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can be continued – from August 4, 2017 to August 18, 2017 – to allow more class members to
STIPULATION AND ORDER RE CLASS COUNSEL’S
MOTION FOR ATTORNEY’S FEES - 1
No. 1:09-cv-01247-MJS

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submit claims.
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In addition, pursuant to ¶ 58d of the Joint Stipulation of Settlement of Class Actions
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(Dok. 463-1, Ex. 1), Radio Ads prepared by KCC (the Settlement Administrator) announcing
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the settlement were to begin no later than the date of the First Mailing and cease no later than
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115 days after entry of the Order of Certification and Preliminary Approval.(Dok. 488 at 2).
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Thus, the Radio Ads were to begin on May 16, 2017 and cease on June 10, 2017. The date for
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the First Mailing was subsequently changed by stipulation and order to May 19, 2017. (Dok.
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492). Due to minor delays, KCC sent the second mailing two days late (on June 12, 2017) and
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began the radio ads on June 19, 2017and. KCC ran the radio ads until July 14, for 25 days, so
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that the run time for Radio Ads was not any shorter than the period set forth in the Joint
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Stipulation of Settlement. None of the parties believes this has negatively affected the
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dissemination of notice to the class, but the parties wish to keep the Court informed of these
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minor changes and delays.
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Accordingly, the parties stipulate and jointly request that the Deadline for the Class
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Counsel to file its Motion for Attorney’s Fees be extended from July 21, 2017 to August 4,
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2017 and that the deadline for class members to object or file claim forms be extended from
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August 4, 2017 to August 18, 2017. It is expected that this will not necessitate a change in any
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other deadlines or in the date of the Fairness and Approval Hearing. KCC and the Community
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Administrator will take necessary steps to update the website and advise class members of the
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change in these dates, once an order is approved.
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Issue of Deadline for Class Members to Submit Opt-Out Forms
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In connection with the continuance of the deadlines above, Delano Farms believes it is
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also appropriate to extend the deadline for class members to opt out from August 4, 2017 to the
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August 18, 2017, to mirror the fact that the initial agreement and scheduling order had identical
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deadlines for submitting claims, objecting, or opting out. Counsel for the Bangi Contractors
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does not agree that the date for opting out should be extended, and instead believes that the
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STIPULATION AND ORDER RE CLASS COUNSEL’S
MOTION FOR ATTORNEY’S FEES - 2
No. 1:09-cv-01247-MJS

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current deadline of August 4, 2017 should remain. The parties therefore request a brief
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telephonic conference with the Court in the next 2 – 4 days to resolve this matter via telephonic
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conference, to be followed by a supplemental order addressing the opt-out deadline.
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SO STIPULATED:
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July 19, 2017

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SAVITT BRUCE & WILLEY LLP

M CCORMICK BARSTOW LLP

By /s/ Miles Yanick (as authorized on July
19, 2017)
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

By /s/ D. Greg Durbin (as authorized on July 19,
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

M ARTINEZ AGUILASOCHO & LYNCH

By /s/ William C. Hahesy (as authorized on
July 19, 2017)
William C. Hahesy, State Bar No. 105743

By /s/ Mario Martinez

Attorney for Delano Farms Company

Attorneys for Plaintiffs

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STIPULATION AND ORDER RE CLASS COUNSEL’S
MOTION FOR ATTORNEY’S FEES - 3
No. 1:09-cv-01247-MJS

Mario Martinez, State Bar No. 200721
Thomas Patrick Lynch, State Bar No.159277

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II.

ORDER

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IT IS SO ORDERED. The Deadline for Class Counsel to file its Motion for Attorney’s
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Fees is extended from July 21, 2017 to August 4, 2017 and the deadline for class members to
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object or file claim forms is extended from August 4, 2017 to August 18, 2017. The Court has
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scheduled a separate telephonic conference with the parties to address the issue of the deadline
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for class members to submit their opt out forms.
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IT IS SO ORDERED.

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Dated:

July 20, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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STIPULATION AND ORDER RE CLASS COUNSEL’S
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