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

Filing 149

STIPULATION AND ORDER TO CONTINUE DEADLINE TO FILE CLASS NOTICE AND DISTRIBUTION PLAN signed by District Judge Anthony W. Ishii on 1/26/2021. (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, California 94612-3547
Telephone: [phone]
6 Facsimile: [phone]
7 MARIO MARTINEZ, (Bar No. 200721)
EDGAR I. AGUILASOCHO (Bar No. 285567)
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MARTÍNEZ, AGUILASOCHO, & LYNCH
9 P.O. Box 1998
Bakersfield, California 93303
10 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
14 MICHAEL J.F. SMITH, A PROFESSIONAL CORPORATION
1391 West Shaw Avenue, Suite D
15 Fresno, California 93711
[phone]
16 Fax [phone]
17 Attorneys for Defendant,
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CASE NO. 1:15-cv-01489-AWI-BAM
MARISOL GOMEZ and IGNACIO OSORIO,
20 on behalf of themselves and others similarly
CLASS ACTION
situated,
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STIPULATION AND PROPOSED ORDER
Plaintiffs,
TO CONTINUE DEADLINE TO FILE
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CLASS NOTICE AND DISTRIBUTION
PLAN
vs.
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24 J. JACOBO FARM LABOR CONTRACTOR,
INC., and Does 1 through 20, inclusive,
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Defendants.
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Complaint Filed: September 30, 2015
Before the Honorable Anthony W. Ishii

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STIPULATION & ORDER TO MODIFY SUBCLASS PERIODS
CASE NO. 1:15-cv-01489-AWI-BAM

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The Parties have been meeting and conferring about the class notice process. The parties

2 have agreed that the jointly submitted class notice that was originally approved by this Court,
3 contained errors as to the class periods for the AWPA subclass and Final Paycheck Subclass (Doc.
4 140-1). In particular, the class notice stated that the AWPA subclass and Final Paycheck subclass
5 periods were from September 30, 2011 to November 5, 2019. Instead, the Parties agree that the
6 AWPA subclass and Fina Paycheck subclass periods are from September 30, 2012 to November 5,
7 2019, as both of these subclasses are subject to a 3-year statute of limitations. Accordingly, the
8 Parties stipulate to modifying the class notice in order to correct the AWPA and Final Paycheck
9 subclass periods.
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11 DATED: January 21, 2020

MALLISON & MARTINEZ

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By:

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/s/ Natalia Ramirez Lee
Stan S. Mallison
Hector R. Martinez
Natalia Ramirez
Attorneys for Plaintiffs

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DATED: January 21, 2020

MICHAEL JF SMITH APC

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By:

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/s/ John L. Migliazzo
John L Migliazzo
Michael Smith
Attorneys for Defendant

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STIPULATION & ORDER TO MODIFY SUBCLASS PERIODS
CASE NO. 1:15-cv-01489-AWI-BAM

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ORDER
The parties’ stipulation (Doc. No. 148) is APPROVED. The Court’s second modification

3 order (Doc. No. 138) is MODIFIED to the extent that the correct class period for Plaintiffs’
4 derivative wages upon termination and AWPA claims is “from September 30, 2012, to November 5,
5 2019.” The parties shall modify the originally approved class notice to reflect the correct class
6 period for the Final Paycheck and AWPA Subclasses.
7

In addition, the parties are ordered to SHOW CAUSE in writing as to why the class period

8 for Plaintiffs’ rest period claim should not also be modified in light of Murphy v. Kenneth Cole
9 Productions, Inc., 40 Cal. 4th 1094, 1099 (2007). In Murphy, the California Supreme Court
10 determined that the remedy for rest period violations under California Labor Code § 226.7 is subject
11 to the three-year statute of limitations under California Code of Civil Procedure § 338(a). In other
12 words, Murphy appears to require modification of the class definition for Plaintiffs’ rest period claim
13 and the Piece Rate Rest Period Subclass on the same basis that the parties are stipulating to
14 modifications of class definitions for other class claims and subclasses.
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If the parties are unable to file a joint statement on the matter within seven days of service of

16 this order, then they shall simultaneously file independent briefing on the matter by that same date.
17 In the latter situation, the parties shall also simultaneously file responses within seven days after
18 initial briefs are filed and replies within five days after responses are filed.
19 IT IS SO ORDERED.
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Dated: January 26, 2021
SENIOR DISTRICT JUDGE

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STIPULATION & ORDER TO MODIFY SUBCLASS PERIODS
CASE NO. 1:15-cv-01489-AWI-BAM