Gonzalez v. Harris Ranch Beef Company et al

Filing 14

STIPULATION and ORDER to Substitute in Harris Farms, Inc. as Doe 1 and to Dismiss Defendants Harris Ranch Beef Company and Harris Ranch Beef Holding Company without Prejudice, signed by District Judge Lawrence J. O'Neill on 2/11/14. (Verduzco, M)

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DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
ALEX P. KATOFSKY, ESQ. SBN 202754
[e-mail]
SEPIDEH HIRMAND, ESQ. SBN 274259
[e-mail]
EVAN S. GAINES, ESQ. SBN 287668
[e-mail]
GAINES & GAINES, APLC
21550 Oxnard Street, Suite 980
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff JOSE GONZALEZ, on behalf of
himself and others similarly situated, and on behalf of the
general public

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ALDEN J. PARKER, ESQ. SBN 196808
MEAGAN D. CHRISTIANSEN, ESQ. SBN 240679
WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN LAW CORPORATION
400 Capitol Mall, 11th Floor
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIAN

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FRESNO DIVISION

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JOSE GONZALEZ, on behalf of himself and
all others similarly situated,

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Plaintiff,

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v.
HARRIS RANCH BEEF COMPANY, a
California corporation; HARRIS RANCH
BEEF HOLDING COMPANY, a California
corporation; and DOES 1 through 10,
inclusive.

CASE NO.: 1:14-cv-00038-LJO-SAB
STIPULATION AND ORDER TO
SUBSTITUTE IN HARRIS FARMS, INC.
AS DOE 1 AND TO DISMISS
DEFENDANTS HARRIS RANCH BEEF
COMPANY AND HARRIS RANCH BEEF
HOLDING COMPANY WITHOUT
PREJUDICE (FED. R. CIV. P. 41(a))

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO SUBSTITUTE IN HARRIS FARMS, INC. AS DOE 1 AND TO
DISMISS DEFENDANTS HARRIS RANCH BEEF COMPANY AND HARRIS RANCH BEEF HOLDING
COMPANY WITHOUT PREJUDICE (FED. R. CIV. P. 41(a))

Plaintiff JOSE GONZALEZ and Defendants HARRIS RANCH BEEF COMPANY and

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HARRIS RANCH BEEF HOLDING COMPANY, by and through their respective counsel, hereby

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enter into the following stipulation and request the Court to enter an order in conformance

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therewith.
WHEREAS, Defendants have represented to Plaintiff that the entity from which Plaintiff

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and members of the proposed Class were issued allegedly defective credit and debit card receipts is

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owned and operated by Harris Farms, Inc. and not Harris Ranch Beef Company or Harris Ranch

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Beef Holding Company;
WHEREAS, Plaintiff seeks to amend his complaint to substitute a new party, Harris Farms,

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Inc., as a defendant in place of the fictitiously named defendant DOE 1 named in Plaintiff’s

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Complaint; and
WHEREAS, Plaintiff also seeks to amend his complaint to dismiss Defendants Harris Ranch

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Beef Company and Harris Ranch Beef Holding Company, without prejudice, as they are not the

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proper parties to this Action;

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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

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1.

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Harris Farms, Inc. shall be substituted in for the fictitiously-named defendant DOE 1

in Plaintiff’s Complaint;
2.

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Defendants Harris Ranch Beef Company and Harris Ranch Beef Holding Company

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shall be dismissed from the Action without prejudice, with all parties to bear their own costs and

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attorneys’ fees with respect to the dismissal of these Defendants, only; and
3.

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Defendants Harris Ranch Beef Company and Harris Ranch Beef Holding Company

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shall not oppose any further amendments to add either party as a defendant should Plaintiff later

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determine that Harris Ranch Beef Company or Harris Ranch Beef Holding Company are necessary

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parties.

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-2STIPULATION AND [PROPOSED] ORDER TO SUBSTITUTE IN HARRIS FARMS, INC. AS DOE 1 AND TO
DISMISS DEFENDANTS HARRIS RANCH BEEF COMPANY AND HARRIS RANCH BEEF HOLDING
COMPANY WITHOUT PREJUDICE (FED. R. CIV. P. 41(a))

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IT IS SO STIPULATED.

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GAINES & GAINES, APLC

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Dated: February 11, 2014

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/s/ Alex P. Katofsky
By: Alex P. Katofsky
Attorneys for Plaintiff

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WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN

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Dated: February 11, 2014

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/s/ Alden J. Parker (As Authorized on 2/10/14)
By: Alden J. Parker
Attorneys for Defendants

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-3STIPULATION AND [PROPOSED] ORDER TO SUBSTITUTE IN HARRIS FARMS, INC. AS DOE 1 AND TO
DISMISS DEFENDANTS HARRIS RANCH BEEF COMPANY AND HARRIS RANCH BEEF HOLDING
COMPANY WITHOUT PREJUDICE (FED. R. CIV. P. 41(a))

ORDER

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Based on the Stipulation of the Parties, it is ORDERED that:
1.

Harris Farms, Inc. is substituted in for the fictitiously-named defendant DOE 1 in

Plaintiff’s Complaint;
2.

Defendants Harris Ranch Beef Company and Harris Ranch Beef Holding Company

are dismissed from the Action without prejudice, with all parties to bear their own costs and
attorneys’ fees with respect to the dismissal off these Defendants, only; and
3.

Defendants Harris Ranch Beef Company and Harris Ranch Beef Holding Company

shall not oppose any further amendments to add either party as a defendant should Plaintiff later
determine that Harris Ranch Beef Company and Harris Ranch Beef Holding Company are
necessary parties.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

February 11, 2014

UNITED STATES DISTRICT JUDGE

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-4STIPULATION AND [PROPOSED] ORDER TO SUBSTITUTE IN HARRIS FARMS, INC. AS DOE 1 AND TO
DISMISS DEFENDANTS HARRIS RANCH BEEF COMPANY AND HARRIS RANCH BEEF HOLDING
COMPANY WITHOUT PREJUDICE (FED. R. CIV. P. 41(a))