Paniagua v. Delano Farms Company, et al.

Filing 32

ORDER on Stipulated Dismissal of La Vina Contracting, Inc. and ORDER TRANSFERRING Case for Purposes of Settlement 30 , signed by Magistrate Judge Jennifer L. Thurston on 11/21/16: The case is reassigned to Judge Seng and it is renumbered 16-cv-00907 DAD MJS. (Hellings, J)

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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,
Plaintiff,
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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1:16-cv-00907-DAD-JLT

STIPULATED DISMISSAL OF LA
VINA CONTRACTING, INC. AND
ORDER TRANSFERRING CASE
FOR PURPOSES OF SETTLEMENT

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NO.

(Doc. 30)

Defendants.

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The named parties, except for La Vina Contracting, Inc. (“La Vina”), have negotiated

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the terms for settlement of both this matter (“Paniagua”) and the matter of Arredondo et al. v.

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

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stipulation of settlement for preliminary approval (“Settlement”). For the sole purpose of

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effectuating the Settlement, the undersigned hereby stipulate as follows:

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1.

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), La Vina shall be dismissed from the

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Paniagua action without prejudice and without an award of attorneys’ fees or costs to any

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party. The undersigned stipulate that any applicable statute of limitations to the claims asserted
STIPULATED DISMISSAL OF LA VINA
AND ORDER TRANSFERRING CASE - 1
No. 1:16-cv-00907-DAD-JLT

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in the Paniagua Complaint against the parties represented by the undersigned counsel (ECF
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No. 2) shall be deemed tolled from the date of the filing of the Paniagua action until the
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Settlement Agreement is terminated, fails to become effective or actually becomes effective.
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Should the Settlement Agreement fail to become effective for any reason, the parties may
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resume their litigation positions that existed as of August 24, 2016.
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2.

Paniagua is related to the Arredondo action under Local Court Rule 123(a)(4),

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and this Court may enter an order transferring Paniagua to Magistrate Judge Michael J. Seng
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because “it would entail substantial duplication of labor if the actions were heard by different
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Judges or Magistrate Judges.”
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3.

The parties also have executed and filed a consent to have Magistrate Judge

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Seng conduct all further proceedings in Paniagua, to take effect once this order is executed and
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La Vina is dismissed from Paniagua and the Paniagua case is transferred.
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4.

In light of the filing of Plaintiffs’ Motion for Certification and Preliminary

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Approval of the Joint Stipulation of Settlement of Class Actions in the Arredondo action, the
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parties request that the Court strike the status conference re: settlement on December 2, 2016,
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and the November 23, 2016 deadline for filing a joint report.
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SO STIPULATED:
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SAVITT BRUCE & WILLEY LLP

MCCORMICK BARSTOW LLP

By /s/ David N. Bruce (as authorized on
11/18/2016)
David N. Bruce, Pro Hac Vice
Miles A. Yanick, Pro Hac Vice

By /s/ D. Greg Durbin (as authorized on
11/18/2016)
D. Greg Durbin, State Bar No. 81749
Laura A. Wolfe, State Bar No. 266751

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.

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STIPULATED DISMISSAL OF LA VINA
AND ORDER TRANSFERRING CASE - 2
No. 1:16-cv-00907-DAD-JLT

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LAW OFFICES OF WILLIAM C. HAHESY

MARTINEZ AGUILASOCHO & LYNCH

By /s/ William C. Hahesy (as authorized on
11/18/2016)
William C. Hahesy, State Bar No. 105743

By /s/ Mario Martinez (as authorized on
11/18/2016)
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 Plaintiff

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STIPULATED DISMISSAL OF LA VINA
AND ORDER TRANSFERRING CASE - 3
No. 1:16-cv-00907-DAD-JLT

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ORDER
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Based upon the stipulation of counsel to resolve this case at the same time as the related
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case and in light of Judge Seng’s extensive involvement facilitating that settlement, the Court
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ORDERS:
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1.

The case is reassigned to Judge Seng and it is renumbered 16:cv-00907 DAD

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MJS1.
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IT IS SO ORDERED.

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Dated:

November 21, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The Court leaves it to Judge Seng to determine whether the status conference (Doc. 25) should remain on
calendar. Likewise, Judge Seng will determine the stipulation for dismissal.
SAVITT BRUCE & WILLEY LLP
CERTIFICATE OF SERVICE
1425 Fourth Avenue Suite 800
No. 1:16-cv-00907-DAD-JLT
Seattle, Washington 98101-2272
[phone]