Paniagua v. Delano Farms Company, et al.

Filing 25

ORDER Vacating Scheduling Conference and Setting Status Conference, signed by Magistrate Judge Jennifer L. Thurston on 9/9/2016. The Scheduling Conference set for 9/26/2016 at 08:30 AM is VACATED. A Status Conference re settlement is SET for 12/2/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Joint report due by 11/23/2016. (Hall, S)

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David N. Bruce, Pro Hac Vice
James P. Savitt, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice
Sarah Gohmann Bigelow, Pro Hac Vice
SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue, Suite 800
Seattle, Washington 98101
Telephone: [phone]

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William C. Hahesy, State Bar No. 105743
LAW OFFICES OF WILLIAM C. HAHESY
225 West Shaw Avenue, Suite 105
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant DELANO FARMS COMPANY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA AT FRESNO

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ISIDRO PANIAGUA individually, and on
behalf of all others similarly situated,

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Plaintiff,

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v.

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DELANO FARMS COMPANY, a Washington
State Corporation; CAL-PACIFIC FARM
MANAGEMENT, L.P.; T&R BANGI'S
AGRICULTURAL SERVICES, INC., KERN
AG LABOR MANAGEMENT, INC., LA
VINA CONTRACTING, INC. and DOES 1
through 10, inclusive,

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NO.

1:16-cv-00907-DAD-JLT

ORDER VACATING SCHEDULING
CONFERENCE AND SETTING
STATUS CONFERENCE
(Doc. 24)

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Defendants.
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Having met and conferred, the Parties hereby submit that good cause exists to modify
the Court’s Order Setting Mandatory Scheduling Conference (ECF No. 5), as required by
Federal Rule of Civil Procedure 16(b)(4). On August 24, 2016, the Parties mediated and are
now in the process of preparing a stipulation of settlement.
STIPULATION AND ORDER RE MODIFICATION OF
SCHEDULING ORDER - 1
No. 1:16-cv-00907-DAD-JLT

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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The Parties hereby stipulate as follows:

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1.

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The scheduling conference on September 26, 2016, is hereby stricken, along

with the deadline for submitting a joint scheduling report.
2.

The Parties have reached a tentative settlement in this case and in the matter of

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Arredondo et al. v. Delano Farms Co. et al. (Case No. 1:09-cv-01247-MJS) (“Arredondo”).

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The Parties are working on a joint stipulation of settlement that is anticipated to address this

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case as well as the Arredondo case; the Parties expect that further proceedings concerning

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approval of the global settlement will occur in the Arredondo case at the conclusion of which,

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this case will be dismissed. Subject to the Court’s approval, the Parties propose to report to this

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Court on their progress in a telephonic status conference, to take place within ninety days from

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entry of this order.

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SO STIPULATED:

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SAVITT BRUCE & WILLEY LLP

MCCORMICK BARSTOW LLP

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By /s/ David N. Bruce (as authorized on
9/9/2016)
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

By /s/ D. Greg Durbin (as authorized on
9/8/2016)
D. Greg Durbin, State Bar No. 81749
Laura A. Wolfe, State Bar No. 266751

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Attorneys for Delano Farms Company

Attorneys for Cal-Pacific Farm Management,
L.P., Kern Ag Labor Management, Inc., and T&R
Bangi’s Agricultural Services, Inc.

LAW OFFICES OF WILLIAM C. HAHESY

MARTINEZ AGUILASOCHO & LYNCH

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By /s/ William C. Hahesy (as authorized
on 9/9/2016)
William C. Hahesy, State Bar No. 105743

By /s/ Mario Martinez (as authorized on
9/9/2016)
Mario Martinez, State Bar No. 200721
Thomas Patrick Lynch, State Bar No.159277

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Attorney for Delano Farms Company

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Attorneys for Plaintiffs
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STIPULATION AND ORDER RE MODIFICATION OF
SCHEDULING ORDER - 2
No. 1:16-cv-00907-DAD-JLT

SAVITT BRUCE & WILLEY LLP
1425 Fourth Avenue Suite 800
Seattle, Washington 98101-2272
[phone]

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

The scheduling conference is VACATED;

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2.

The Court sets a status conference re: settlement on December 2, 2016 at 8:30

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a.m. at the United States Courthouse, located at 510 19th Street, Bakersfield, CA. Appearances

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via CourtCall are authorized;

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3.

No later than November 23, 2016, counsel SHALL file a joint report setting

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forth the status of the efforts to resolve this matter. Counsel are advised that the Court

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expects that the plaintiff will file the motion for preliminary approval of the class

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settlement no later than 30 days from the status conference if, indeed, it will settle.

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Counsel SHALL use all efforts to posture this case to meet that deadline.

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IT IS SO ORDERED.
Dated:

September 9, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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