Sandra Garybo et al v. Leonardo Bros et al

Filing 45

ORDER GRANTING 44 Stipulation to Continue Class Certification Schedule, signed by Magistrate Judge Jennifer L. Thurston on 8/31/2017. Motion for class certification: Filed by 10/20/2017; Opposition by 11/10/2017; Reply by 12/1/2017; Hearing set for 1/16/2018 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,
Plaintiffs,

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Case No. 1:15-cv-01487—JLT
Stipulation to Continue Class Certification
Schedule; [Proposed] Order
(Doc. 44)

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.
Plaintiffs and Defendant Golden West Labor have made considerable progress in their

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settlement discussions and are currently memorializing tentative settlement terms in a formal

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settlement agreement. While the parties expect a full settlement to be reached in the near term,

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Plaintiffs and Defendant Golden West believe that the resources of the parties would be best served

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by a continuance of the existing class certification schedule to allow Plaintiffs and Defendant

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Golden West Labor to finalize the settlement agreement, as opposed to Plaintiffs preparing their

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class certification motion, which is currently due on September 22, 2017.
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 October 20, 2017;

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

Defendants must file any Opposition to Class Certification no later than November 10,

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2017;

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

Plaintiffs must file their Reply brief no later than December 1, 2017; and

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

The date for the Class Certification hearing will remain December 19, 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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Dated: August 31, 2017

MALLISON & MARTINEZ

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

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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: August 31, 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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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

[PROPOSED] ORDER

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As noted above, counsel represent that settlement of this matter appear imminent.

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Consequently, they have stipulated to amend the briefing schedule for filing the class certification

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motion in order to preserve resources. Good cause appearing, the Court ORDERS:

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1. The motion for class certification SHALL be filed no later than October 20, 2017;
2. Opposition to the motion for class certification SHALL be filed no later than November
10, 2017;
3. The reply brief, if any, must be filed no later than December 1, 2017;
4. The hearing on the motion for class certification is CONTINUED to January 16, 2018.

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The Court does not contemplate that this briefing schedule will be modified further. Thus,

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counsel are urged to complete their settlement discussions expeditiously.

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IT IS SO ORDERED.
Dated:

August 31, 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