Mora v. Cal West Ag Services, Inc. et al

Filing 67

Stipulation to continue class certification schedule; Order, signed by Magistrate Judge Erica P. Grosjean on 10/25/2017. ( Motion for Class Certification filed by 2/13/2018; Opposition to Motion for Class Certification due by 3/6/2018; Reply due by 3/27/2018; Motion for Class Certification Hearing set for 5/4/2018 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean) (Rosales, O)

STAN S. MALLISON (Bar No. 184191)
1 HECTOR R. MARTINEZ (Bar No. 206336)
MARCO A. PALAU (Bar. No. 242340)
2 JOSEPH D. SUTTON (Bar No. 269951)
ERIC S. TRABUCCO (Bar No. 295473)
3 MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
4 Oakland, California 94612-3547
Telephone: [phone]
5 Facsimile: [phone]
6 Justin T. Campagne
Campagne & Campagne
A Professional Corporation
7 Airport Office Center
1685 North Helm Avenue
8 Fresno, California 93727
Telephone: [phone]
9 Facsimile: [phone]
Attorneys for Defendants Jon Marthedal and Eric Marthedal
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Anthony Raimondo (Bar No. 200387)
11 Gerardo Hernandez (Bar No. 292809_
Raimondo & Associates
12 7080 N. Marks Avenue, Suite 117
Fresno, CA 93711
13 Telephone: [phone]
Facsimile: [phone]
14 Attorneys for Defendant Cal West Ag Services, Inc.
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA--FRESNO DIVISION

19 CARMELA MORA, on behalf of herself and all
others similarly situated,
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Plaintiffs,
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vs.
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CAL WEST AG SERVICES, INC., JON
23 MARTHEDAL, ERIC MARTHEDAL; and Does
1 through 20, inclusive,
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Defendants.
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Case No. 1:15-CV-01490-LJO-EPG

Stipulation to Continue Class Certification
Schedule; Order

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Plaintiff Carmela Mora (“Plaintiff”) and Defendants Cal West Ag Services, Inc., Jon

2 Marthedal, and Eric Marthedal (“Defendants”) through their respective counsel of record, submit
3 this Stipulation and Proposed Order to continue the class certification briefing schedule.
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Whereas the parties have agreed to participate in mediation with Steven Vartabedian,

5 retired Associate Justice of California Court of Appeal for the Fifth District, on January 18,
6 2018, which is one of the earliest available dates Justice Vartebedina has available. Whereas the
7 parties believe that the resources of the parties and this court would be best served by continuing
8 the existing class certification schedule in order to allow the parties to conclude their mediation
9 efforts prior to engaging in class certification briefing.
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Therefore, the parties hereby agree to alter the current class certification schedule as

11 follows:
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

Plaintiff’s Motion for Class Certification shall be due by February 13, 2018;

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

Defendants’ Opposition to Class Certification shall be due by March 6, 2018;

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

Plaintiff’s Reply brief will be due by March 27, 2018; and

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The court shall hear Plaintiff’s motion on April 27, 2018 or as soon thereafter as

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is convenient for the court.
Accordingly, the foregoing is hereby stipulated and agreed to by and among the

18 undersigned on behalf of their respective counsel.
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Dated: October 24, 2017

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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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MALLISON & MARTINEZ

Dated: October 24, 2017

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Campagne & Campagne
A Professional Corporation
By/s/ Justin T. Campagne
Justin T. Campagne
Attorneys for Defendants, Jon Marthedal and
Eric Marthedal

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16 Dated: October 24, 2017
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Raimondo & Associates

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By /s/ Gerardo Hernandez
Gerardo Hernandez

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Attorneys for Defendant Cal West Ag Labor

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ORDER
PURSUANT TO THE STIPULATION OF THE PARTIES, AND FOR GOOD CAUSE

3 APPEARING, THE COURT HEREBY ORDERS:
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

Plaintiffs must file their Motion for Class Certification no later than February 13, 2018;

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

Defendants must file any Opposition to Class Certification no later than March 6, 2018;

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

Plaintiffs must file their Reply brief no later than March 27, 2018; and

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

Plaintiffs’ Class Certification hearing will be heard on May 4, 2018, at 10:00 am before

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Magistrate Judge Erica P. Grosjean.

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IT IS SO ORDERED.
Dated:

October 25, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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