Garcia v. Gordon Trucking, Inc. et al

Filing 68

ORDER To Consolidate 1:10cv00324-OWW-SKO (Lead) With Related Case 1:11cv00272-OWW-SKO (Member) And Set Scheduling Conference, signed by Judge Oliver W. Wanger on 7/14/2011. (Fahrney, E)

1 SUTTON HATMAKER LAW CORPORATION
S. BRETT SUTTON 143107
2 [e-mail]
SUSAN K. HATMAKER 172543
[e-mail]
3 JARED HAGUE 251517
[e-mail]
4 6715 N. Palm Avenue, Suite 214
Fresno, California 93704
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Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
7 SIMON V. GARCIA
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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* * *

11 SIMON V. GARCIA, an individual,
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Sutton Hatmaker
Law Corporation
6715 N. PALM AVENUE
SUITE 214
FRESNO, CA 93704

)
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Plaintiff,
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vs.
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GORDON TRUCKING, INC., a California )
Corporation, which will transact business in )
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California as L GORDON; STEVE
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GORDON, an individual; BOB
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GOLDBERG, an individual; and Does 1
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through 20, inclusive,
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Defendants.
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CHRISTOPHER YANEZ and EMMA
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YANEZ on behalf of themselves, all others )
similarly situated, and the general public,
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Plaintiffs,
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vs.
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GORDON TRUCKING, INC., a
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Washington corporation, and DOES 1
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through 100, inclusive
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Defendants.
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Case No. 1:10-CV-00324-OWW-SKO

ORDER TO CONSOLIDATE
1:10cv00324 OWW SKO (LEAD)with
RELATED CASE 1:11cv00272 OWW
SKO (MEMBER) AND SET
SCHEDULING CONFERENCE

Complaint Filed: February 23, 2010

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ORDER RE CONSOLIDATION OF PENDING ACTIONS AND SCHEDULING CONFERENCE
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1 I.

Date of Hearing.

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July 11, 2011.

3 II.

Appearances of Counsel.

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Sutton Hatmaker Law Corporation by S. Brett Sutton, Esq. and Jared Hague, Esq.

5 appeared in person on behalf of Plaintiff Simon Garcia (hereinafter “GARCIA”).
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Harrison Patterson & O’Connor LLP by James R. Patterson, Esq. and Jaczko Goddard

7 LLP by Allison H. Goddard appeared in person on behalf of Plaintiffs Christopher and Emma
8 Yanez (hereinafter collectively “YANEZ”).
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Scopelitis Garvin Light Hanson & Feary, P.C. by Jim Hanson, Esq. and Andrew Butcher,

10 Esq. appeared telephonically on behalf of Defendants Gordon Trucking, Inc. (hereinafter “GTI”),
11 Steve Gordon, and Bob Goldberg (hereinafter collectively “DEFENDANTS”).
12 III.

Summary of Hearing.

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On July 11, 2010 at 10:00 a.m. in Courtroom 3, the Court heard GARCIA’s Motion for

14 45-day Stay of the YANEZ Case, and alternatively, Appointment of S. Brett Sutton, Esq. as
15 Interim Class Counsel (hereinafter “Motion for Stay”), filed in the above-captioned matter. At
16 the same time, the Court heard YANEZ’ Motion for Consolidation of Pending, and Appointment
17 of James R. Patterson, Esq. and Allison H. Goddard as Interim Class Counsel (hereinafter
18 “Motion for Consolidation”), filed in Case No. 1:11-cv-00272-OWW-SMS, which action was
19 previously designated as “related” to the GARCIA action.
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The Court, having received the moving papers and exhibits of the parties with respect to

21 GARCIA’s Motion for Stay and YANEZ’ Motion for Consolidation, and having received oral
22 argument on said motions by counsel in appearance, and the Court being duly advised in the
23 premises thereof now finds that YANEZ’ Motion for Consolidation should be GRANTED, and
24 GARCIA’s Motion for Stay should be DENIED.
25 / / /
Sutton Hatmaker
Law Corporation
6715 N. PALM AVENUE
SUITE 214
FRESNO, CA 93704

26 / / /
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ORDER RE CONSOLIDATION OF PENDING ACTIONS AND SCHEDULING CONFERENCE
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1 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
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1.

The GARCIA case 1:10-CV-00324-OWW-SKO to become the LEAD case and

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the YANEZ case 1:11-cv-00272-OWW-SMS to become the MEMBER case are

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hereby consolidated for all purposes;

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2.

All Parties shall appear at a Scheduling Conference on July 20, 2011 at 8:15 a.m.

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The Parties shall meet and confer prior to the Scheduling Conference for the

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purpose of preparing a Joint Scheduling Statement.

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Statement shall be filed with the Court on or before July 18, 2011;

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3.

The Joint Scheduling

The Court acknowledges that Counsel for GARCIA and Counsel for YANEZ

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agreed in open court that Counsel for GARCIA would informally take the lead at

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the July 22, 2011 mediation with GTI, that Counsel for YANEZ will attend and

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participate in the July 22, 2011 mediation, and that YANEZ agrees to contribute

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25% of any and all mediator fees for the July 22, 2011 mediation; and

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4.

The deadlines previously set in the GARCIA action, including but not limited to,

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GARCIA’s deadline to file a Motion for Class Certification, and the related

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deadlines for Opposition and Reply, are hereby off-calendar. The Scheduling

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Conference in the YANEZ action, previously set for August 16, 2011, is likewise

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off-calendar.

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following the July 20, 2011 Scheduling Conference for the consolidated case.

Applicable deadlines shall be addressed by the Court’s Order

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Dated: _July 14, 2011___

__/s/ OLIVER W. WANGER_________
JUDGE OLIVER W. WANGER

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Sutton Hatmaker
Law Corporation
6715 N. PALM AVENUE
SUITE 214
FRESNO, CA 93704

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3

ORDER RE CONSOLIDATION OF PENDING ACTIONS AND SCHEDULING CONFERENCE
PDF created with pdfFactory trial version www.pdffactory.com