Aguilar v. Wawona Frozen Foods et al

Filing 45

STIPULATION and ORDER for Filing of Second Amended Complaint signed by Magistrate Judge Gary S. Austin on 10/1/2015. (Martinez, A)

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Cory G. Lee, Esq. (SBN 216921)
The Downey Law Firm, LLC (Of Counsel)
9595 Wilshire Blvd., Suite 900
Beverly Hills, California 90212
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff and the proposed Class

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Howard A. Sagaser, (SBN 72492)
Ian B. Wieland, (SBN 285721)
SAGASER, WATKINS & WIELAND, PC
7550 North Palm Avenue, Suite 100
Fresno, California 93711
Tel: [phone]
Facsimile: [phone]

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Attorneys for Defendant WAWONA FROZEN FOODS

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UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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LUIS AGUILAR, on behalf of himself and on
behalf of all other similarly situated individuals,
Plaintiff,

)
)
)
)
v.
)
)
WAWONA FROZEN FOODS; WAWONA
)
EXPORT; WAWONA PACKING CO. LLC., and )
DOES 1-50, inclusive,
)
Defendants.
)

Case No.: 1:15-cv-00093-TLN-GSA
STIPULATION AND ORDER FOR
FILING OF SECOND AMENDED
COMPLAINT

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-1–
Stipulation and Order For Filing of Second Amended Complaint; Order
Aguilar v. Wawona Frozen Foods, et al.

U.S.D.C. E.D.C.A. Case No.: 1:15-cv-00093-TLN-GSA

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Whereas, the Parties wish to resolve any disagreement related to Plaintiff’s filing of a
Second Amended Complaint;
Whereas, the parties have agreed that Plaintiff will withdraw his Motion for Leave to File a
Second Amended Complaint, Docked No. 41;
Whereas, the Plaintiff has agreed to refrain from running radio advertising related to
Defendant for the pendency of this case;
Whereas, Defendant has agreed to provide the contact information (name, address, and

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telephone number) for the Class upon Court Order if and when the issue of the need for an opt-out

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notice is raised before the Court and the Court orders disclosure of the class list with or without an

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opt-out notice;
Whereas, Plaintiff has agreed to appear for deposition at a mutually agreeable time and

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place for the limited purpose of examination on the issue of the amendments to the First Amended

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Complaint contained in the Second Amended Complaint.

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THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto through

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their respective attorneys of record that Plaintiff may file a Second Amended Complaint, a copy of

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which is attached hereto.
Respectfully submitted,

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The Downey Law Firm, LLC

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Dated: September _30, 2015

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/s/ Cory G. Lee
______________________________________
Cory Lee
Of Counsel
Counsel for the Plaintiff and the putative class

SAGASER, WATKINS & WIELAND, PC

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Dated: September 30, 2015

/s/ Howard A. Sagaser
______________________________________
Howard A. Sagaser
Counsel for Defendant WAWONA FROZEN FOODS

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Stipulation and Order For Filing of Second Amended Complaint; Order
Aguilar v. Wawona Frozen Foods, et al.

U.S.D.C. E.D.C.A. Case No.: 1:15-cv-00093-TLN-GSA

ORDER

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Based on the above stipulation between the parties, Plaintiffs are granted leave to file a

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Second Amended Complaint (“SAC”). The Clerk of the Court is directed to file in Plaintiffs’ SAC
that is an attachment to the Stipulation and Proposed Order (ECF No. 44-1) as a separate docket
entry.
Since the parties have stipulated to the amendment and Plaintiffs have filed a Notice of

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Withdrawal of the Motion for Leave to Amend the Complaint, the hearing set for October 23,

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2015 at 9:30 a.m. is VACATED.

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IT IS SO ORDERED.
Dated:

October 1, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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-3–
Stipulation and Order For Filing of Second Amended Complaint; Order
Aguilar v. Wawona Frozen Foods, et al.

U.S.D.C. E.D.C.A. Case No.: 1:15-cv-00093-TLN-GSA