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

Filing 194

ORDER DIRECTING Plaintiff to File Supplemental Briefing to Demonstrate Compliance With Rule 25 of the Federal Rules of Civil Procedure signed by District Judge Jennifer L. Thurston on 5/8/2024. (Xiong, J.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 MARISOL GOMEZ, individually and on behalf of herself and all others similarly situated, Plaintiff, 13 14 15 v. J. JACOBO FARM LABOR CONTRACTOR, INC., 16 Defendant. 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-01489 JLT BAM ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENTAL BRIEFING TO DEMONSTRATE COMPLIANCE WITH RULE 25 OF THE FEDERAL RULES OF CIVIL PROCEDURE Marisol Gomez and Ignacio Osorio-Cruz initiated this action on behalf of themselves and 19 others similarly situated, asserting violations of California wage and hour laws and the federal 20 Agricultural Workers Protection Act. (See generally Docs. 1, 95.) However, Class Counsel recently 21 informed the Court that Mr. Osorio-Cruz is deceased, after which the Court ordered the filing of a 22 Notice of Suggestion of Death on the record. (Doc. 190-1 at 6, n.6.) Therefore, the Court ordered 23 counsel to comply with the requirements of Rule 25 of the Federal Rules of Civil Procedure, including 24 identifying his nonparty successor or representative and serving the notice. (Doc. 192.) 25 Counsel filed a Notice of Suggestion of Death on April 24, 2024, indicating that Mr. Osorio- 26 Cruz passed away on July 26, 2022. (Doc. 193 at 2.) Counsel indicated that “[t]he widow and life 27 partner of Plaintiff Ignacio Osorio notified Counsel for Plaintiffs of the death on November 3, 2023.” 28 (Id.) Class Counsel identified Maria Cortez Ruiz as “Ignacio Osorio’s Nonparty Successor or 1 1 2 Representative” and served her with the Notice of Suggestion of Death by mail. (Doc. 193-2 at 1.) Significantly, the death certificate of Mr. Osorio-Cruz indicates that he “was never married.” 3 (Doc. 193-1 at 2.) Counsel have not provided any information related to the relationship between Ms. 4 Cortez Ruiz and Mr. Osorio-Cruz, such as whether they were in a registered legal partnership, to 5 demonstrate that she is Mr. Ruiz’s lawful successor. There also is no information provided as to 6 whether he had any heirs or surviving family. Without additional information, the Court is unable to 7 find Ms. Cortez Ruiz qualifies as his nonparty successor in interest or representative, as required under 8 Rule 25 of the Federal Rules of Civil Procedure. 9 Accordingly, the Court ORDERS: Within 10 days of the date of service, Plaintiff SHALL file 10 supplemental briefing regarding Mr. Osorio-Cruz, addressing whether he had any children and 11 whether Ms. Cortez Ruiz qualifies as his legal successor-in-interest or representative party as required 12 under Rule 25 of the Federal Rules of Civil Procedure. 13 14 15 IT IS SO ORDERED. Dated: May 8, 2024 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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