Gonzalez v. Harris Ranch Beef Company et al

Filing 21

STIPULATION and ORDER for defendant Harris Farms, Inc to file cross-complaint. Signed by Magistrate Judge Stanley A. Boone on 6/3/2014. (Hernandez, M)

1
2
3
4
5
6
7

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

weintraub tobin chediak coleman grodin
LAW CORPORATION

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

8
IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11

FRESNO DIVISION

12
13
14

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

15
law corporation

weintraub tobin chediak coleman grodin

9

16

vs.

19

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.

20

Defendants.

17
18

21

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

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

22
23
24
25
26
27
28

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;

1

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

2

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

3

Company Without Prejudice was filed February 11, 2014;

4

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

5

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

6

contribution against Springer-Miller Systems, Inc.;

7
8

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,

10

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

11

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

12

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

13

its proposed Cross-Complaint.

14

NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

15
law corporation

weintraub tobin chediak coleman grodin

9

16
17

1.

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;
2.

Subject to and upon the Court’s approval and entry of this Stipulation and

18

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

19

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

20

IT IS SO STIPULATED.

21
22
23
24
25
26
27
28

Dated: May 23, 2014

weintraub tobin chediak coleman grodin
LAW CORPORATION

/s/ Alden J. Parker
By:___________________________________
Alden J. Parker
Attorneys for Defendant,
HARRIS FARMS, INC.

1
2

Dated: May 23, 2014

3

GAINES & GAINES, APLC
/s/ Alex P. Katofsky
By:___________________________________
Alex P. Katofsky

4
5
6

Attorneys for Plaintiff,
JOSE GONZALEZ

7
8

ORDER

9

11
12
13
14

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

Subject to and upon the Court’s approval and entry of this Stipulation and

Order, Harris Farms, Inc. shall file its cross-complaint against Springer-Miller Systems, Inc.
within fifteen (15) days.
IT IS SO ORDERED.

15
law corporation

weintraub tobin chediak coleman grodin

10

16
17
18
19
20
21
22
23
24
25
26
27
28

Dated:

June 3, 2014
UNITED STATES MAGISTRATE JUDGE