Sandra Garybo et al v. Leonardo Bros et al

Filing 41

STIPULATION and ORDER 40 to Continue Class Certification Schedule, signed by Magistrate Judge Jennifer L. Thurston on 6/22/2017. Motion for Class Certification: Filed by 9/22/2017; Opposition by 10/20/2017; Reply by 11/3/2017; Motion hearing CONTINUED to 12/19/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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STAN S. MALLISON (Bar No. 184191)
[e-mail]
HECTOR R. MARTINEZ (Bar No. 206336)
[e-mail]
MARCO A. PALAU (Bar. No. 242340)
[e-mail]
JOSEPH D. SUTTON (Bar No. 269951)
[e-mail]
ERIC S. TRABUCCO (Bar No. 295473)
[e-mail]
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, California 94612-3547
Telephone: [phone]
Facsimile: [phone]

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MARIO MARTÍNEZ, (Bar No. 200721)
MARTÍNEZ AGUILASOCHO & LYNCH, APLC
P.O. Box 11208
Bakersfield, California. 93389-1208
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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ANTHONY P. RAIMONDO, Bar No. 200387
RAIMONDO & ASSOCIATES
7080 N. Marks Avenue, Suite 117
Fresno, CA 93711
Telephone: [phone]
Fax No.: 559.432.2242

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs SANDRA GARYBO and AGUSTIN
VEGA, on behalf of themselves and all others
similarly situated,

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Case No. 1:15-cv-01487 DAD JLT
Stipulation to Continue Class Certification
Schedule; [Proposed] Order

Plaintiffs,
vs.
LEONARDO BROS., form unknown, GOLDEN
WEST LABOR, form unknown, and DOES 1
through 20, inclusive,
Defendants.

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MALLISON &
MARTINEZ
Attorneys at Law

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1939 Harrison St., Ste. 730
Oakland, California 94612
510.832.9999

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Stipulation to Continue Class Certification Schedule; Proposed Order

Case No. 1:15-cv-01487

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Plaintiffs and Defendant Golden West Labor, through their respective counsel of record,

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submit this Stipulation and Proposed Order to continue the class certification briefing schedule.

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The deadline to move for class certification is presently July 14, 2017. The parties seek to re-set

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this deadline to September 22, 2017. There is good cause for modifying the existing class

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certification schedule, and the need to do so is no fault of either party.
Plaintiffs and Defendant Golden West Labor have diligently pursued discovery in this

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matter. Golden West Labor has produced a substantial amount of class member payroll data in

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electronic form as well as policy and practice materials. Plaintiffs requested this information in

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connection with their anticipated motion to certify a class pursuant to Rule 23 of the Federal Rules

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of Civil Procedure (“FRCP”).
Plaintiffs and Defendant Golden West Labor are currently at the initial stages of settlement

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discussions. Therefore, Plaintiffs and Defendant Golden West Labor believe that the resources of

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the parties and the Court would be best served by a continuance of the existing class certification

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schedule to allow Plaintiffs and Defendant Golden West Labor to focus their resources on

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settlement negotiations in earnest.
Therefore, it is hereby stipulated and agreed between the parties, and their respective

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counsel of record, as follows:

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

Plaintiffs must file their Motion for Class Certification no later than September 22, 2017;

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

Defendants must file any Opposition to Class Certification no later than October 20, 2017;

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

Plaintiffs must file their Reply brief no later than November 3, 2017; and

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

The date for the Class Certification hearing will remain November 21, 2017.

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Accordingly, the foregoing is hereby stipulated and agreed to by and among the
undersigned on behalf of their respective counsel.

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MALLISON &
MARTINEZ
Attorneys at Law

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1939 Harrison St., Ste. 730
Oakland, California 94612
510.832.9999

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Stipulation to Continue Class Certification Schedule; Proposed Order

Case No. 1:15-cv-01487

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Dated: June 20, 2017

MALLISON & MARTINEZ

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By: /s/ Joseph D. Sutton
Stan S. Mallison
Hector R. Martinez
Marco A. Palau
Joseph D. Sutton
Attorneys for Plaintiffs

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Dated: June 21, 2017

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/s/ Anthony P. Raimondo
ANTHONY P. RAIMONDO
RAIMONDO & ASSOCIATES
Attorneys for Defendant
B & A INTERNATIONAL FARM LABOR
SERVICES, INC.

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[PROPOSED] ORDER

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Based upon the stipulation of counsel, the Court ORDERS:
1.

The briefing scheduling related to the motion for class certification is modified as follows:

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a.

The motion for class certification SHALL be filed no later than September 22,

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b.

The opposition to the motion for class certification SHALL be filed no later than

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October 20, 2017;

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c.

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2017;

2.

Any reply brief SHALL be filed no later than November 3, 2017; and

The hearing on the motion for class certification is CONTINUED to December 19, 2017.

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IT IS SO ORDERED.
Dated:

June 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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MALLISON &
MARTINEZ
Attorneys at Law

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1939 Harrison St., Ste. 730
Oakland, California 94612
510.832.9999

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Stipulation to Continue Class Certification Schedule; Proposed Order

Case No. 1:15-cv-01487