Gomez v. J. Jacobo Farm Labor Contractor, Inc. et al

Filing 144

STIPULATION AND ORDER RE: CLASS NOTICE AND DISTRIBUTION PLAN signed by District Judge Anthony W. Ishii on 12/08/2020. IT IS HEREBY ORDERED that the parties stipulation (Doc. No. 140 ) is approved as follows: The Court finds that the Class Notice a ttached as Exhibit A (Doc. No. 140-1) provides appropriate notice of the certified class claims in this matter. The Court orders Defendant to provide the Class List within 30 days of this Order. Once the Class List is obtained, the Class Action Administrator can distribute the Class Notice within 20 days of the receipt of the Class List and finalized notice documents. Each class member shall have 45 days to exclude himself or herself from the class action. (Gonzales, V)

1 STAN S. MALLISON (Bar No. 184191)
[e-mail]
2 HECTOR R. MARTINEZ (Bar No. 206336)
[e-mail]
3 NATALIA RAMIREZ LEE (Bar. No. 322017)
[e-mail]
4 MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
5 Oakland, CA 94612-3547
Telephone: [phone]
6 Facsimile: [phone]
7 MARIO MARTINEZ (Bar No. 200721)
EDGAR I. AGUILASOCHO (Bar No. 285567)
8 MARTÍNEZ, AGUILASOCHO, & LYNCH P.O. Box 1998
Bakersfield, California 93303
9 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs
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Michael J.F. Smith, #109426
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John L. Migliazzo, #272066
13 Michael J.F. Smith, A Professional Corporation
1391 West Shaw Avenue, Suite D
14 Fresno, California 93711
Telephone: [phone]
15 Fax: [phone]
16 Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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20 MARISOL GOMEZ and IGNACIO OSORIO,
on behalf of themselves and others similarly
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Plaintiffs,
vs.

Case No. 1:15-cv-01489-AWI-BAM
STIPULATION AND [PROPOSED] ORDER
RE: CLASS NOTICE AND
DISTRIBUTION PLAN
Complaint Filed: September 30, 2015

24 J. JACOBO FARM LABOR CONTRACTOR,
INC., and Does 1 through 20, inclusive,
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Defendants.
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PARTIES’ PROPOSED CLASS NOTICE AND DISTRIBUTION PLAN

CASE NO. 1:15-cv-01489-AWI-BAM

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Plaintiffs MARISOL GOMEZ and IGNACIO OSORIO (“Plaintiffs”), by and through his

2 counsel of record, Mallison & Martinez and Martinez, Aguilasocho & Lynch, and Defendant J.
3 JACOBO FARM LABOR CONTRACTOR (“J. Jacobo” or “Defendant”), by and through their
4 counsel of record, Michael J. F. Smith, A Professional Corporation, hereby stipulate to the
5 following, and request that the Court adopt as an order:
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WHEREAS, the Honorable Anthony W. Ishii issued an Order Denying Defendant’s Motion

7 for Reconsideration and Modifying the Rest Break Class Definition (Doc. 138) on July 20, 2020,
8 requiring that the parties meet and confer regarding the submission of a stipulated class notice and
9 distribution plan and file a stipulated class notice and distribution plan or a notice that no plan can
10 be agreed to.
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WHEREAS, the Parties have met and conferred and agreed upon a proposed Class Notice

12 and agree that the notice will be translated into Spanish upon approval. A true and correct copy of
13 the jointly proposed Class Notice is attached to this stipulation as Exhibit A.
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NOW THEREFORE, the Parties STIPULATE as follows and respectfully request the Court

15 adopt as an order:
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1. The Court finds that the revised Class Notice attached as Exhibit A provides
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appropriate notice of the certified class claims in this matter.
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2. The Court orders the Defendant to provide the Class List within 30 days of this Order.
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3. Once the Class List is obtained, the Class Action Administrator can distribute the

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Class Notice within 20 days of the receipt of the Class List and finalized notice

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documents.

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4. Each class member shall have 45 days to exclude himself or herself from the class
action.

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PARTIES’ PROPOSED CLASS NOTICE AND DISTRIBUTION PLAN

CASE NO. 1:15-cv-01489-AWI-BAM

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2 Dated: August 10, 2020

MALLISON & MARTINEZ

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By:

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/s/ Natalia Ramirez Lee
Natalia Ramirez Lee

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6 Dated: August 10, 2020

MICHAEL J.F. SMITH, A PROFESSIONAL CORP.

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By: /s/John L. Migliazzo
John L. Migliazzo

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PARTIES’ PROPOSED CLASS NOTICE AND DISTRIBUTION PLAN

CASE NO. 1:15-cv-01489-AWI-BAM

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[PROPOSED] ORDER
IT IS HEREBY ORDERED that the parties’ stipulation (Doc. No. 140) is approved as

3 follows:
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1.

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The Court finds that the Class Notice attached as Exhibit A (Doc. No. 140-1) provides
appropriate notice of the certified class claims in this matter.

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2.

The Court orders Defendant to provide the Class List within 30 days of this Order.

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3.

Once the Class List is obtained, the Class Action Administrator can distribute the

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Class Notice within 20 days of the receipt of the Class List and finalized notice

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documents.

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4.

Each class member shall have 45 days to exclude himself or herself from the class
action.

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IT IS SO ORDERED.

14 Dated: December 8, 2020

SENIOR DISTRICT JUDGE

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PARTIES’ PROPOSED CLASS NOTICE AND DISTRIBUTION PLAN

CASE NO. 1:15-cv-01489-AWI-BAM