Gonzalez v. Harris Ranch Beef Company et al

Filing 19

Stipulation and order for Defendant Harris Farms, Inc. to file Cross Complaint, signed by Magistrate Judge Stanley A. Boone on 05/30/2014. (Cross Complaint filed by 6/20/2014) (Figueroa, O)

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Alden J. Parker, State Bar No. 196808
Meagan D. Christiansen, State Bar No. 240679

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LAW CORPORATION

400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
HARRIS FARMS, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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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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law corporation

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vs.

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HARRIS RANCH BEEF COMPANY, a
California corporation; HARRIS RANCH
BEEF HOLDING COMPANY, a California
corporation; HARRIS FARMS, INC., a
California corporation; and DOES 2
through 10, inclusive.

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Defendants.

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Case No. 1:14-cv-00038-LJO-SAB
STIPULATION AND [PROPOSED] ORDER
FOR DEFENDANT HARRIS FARMS, INC.
TO FILE CROSS-COMPLAINT

Complaint Filed: December 4, 2013

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Defendant Harris Farms, Inc. and Plaintiff Jose Gonzalez, by and through their
respective undersigned counsel, hereby enter into the following stipulation and request
the Court to ender an order in conformance therewith.
WHEREAS, Plaintiff filed its Complaint against Harris Ranch Beef Company and
Harris Ranch Beef Holding Company on December 4, 2013. Harris Ranch Beef Company
and Harris Ranch Beef Holding Company filed its Answer on January 10, 2014;
{1740381.DOC;}

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Stipulation and [Proposed] Order for Defendant
Harris Farms, Inc. to File Cross-Complaint

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WHEREAS, a Stipulation and Order to Substitute in Harris Farms, Inc. as Doe 1 and

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to Dismiss Defendants Harris Ranch Beef Company and Harris Ranch Beef Holding

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Company Without Prejudice was filed February 11, 2014;

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WHEREAS, Harris Farms, Inc. believes Springer-Miller Systems, Inc. is an integral

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party to Plaintiff’s Complaint and desires to file a Cross-Complaint for indemnity and

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contribution against Springer-Miller Systems, Inc.;

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WHEREAS, this matter’s first Scheduling Conference took place on March 25, 2014,
and discovery has not yet begun;
WHEREAS, there is a liberal standard for granting leave to file cross-complaints,

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and to avoid the time, expense, and judicial resources that would be incurred in

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connection with a motion for leave to file Harris Farms, Inc.’s Cross-Complaint, Plaintiff

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and Harris Farms, Inc. are entering into this stipulation allowing Harris Farms, Inc. to file

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its proposed Cross-Complaint.

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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

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law corporation

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Harris Farms, Inc. may file the proposed Cross-Complaint attached hereto

as Exhibit A without seeking leave to file via a formal, noticed motion to the Court;
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Subject to and upon the Court’s approval and entry of this Stipulation and

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Order, Harris Farms, Inc. shall file its Cross-Complaint against Springer-Miller Systems, Inc.

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within fifteen (15) days of the Court’s entry; and

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IT IS SO STIPULATED.

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Dated: May 23, 2014

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LAW CORPORATION

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/s/ Alden J. Parker
By:___________________________________
Alden J. Parker

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Attorneys for Defendant,
HARRIS FARMS, INC.

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{1740381.DOC;}

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Stipulation and [Proposed] Order for Defendant
Harris Farms, Inc. to File Cross-Complaint

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Dated: May 23, 2014

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/s/ Alex P. Katofsky
By:___________________________________
Alex P. Katofsky

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Attorneys for Plaintiff,
JOSE GONZALEZ

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ORDER
Based on the Stipulation of the Parties, it is ORDERED that Harris Farms, Inc. shall
file its cross-complaint against Springer-Miller Systems, Inc. within fifteen (15) days from
the date of service of this order.

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IT IS SO ORDERED.
Dated:

May 30, 2014
UNITED STATES MAGISTRATE JUDGE

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law corporation

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GAINES & GAINES, APLC

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{1740381.DOC;}

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Stipulation and [Proposed] Order for Defendant
Harris Farms, Inc. to File Cross-Complaint