Seguin v. County of Tulare

Filing 51

STIPULATION and ORDER TO CONTINUE DATE OF SETTLEMENT CONFERENCE from 12/1/2017 to 1/5/2018 at 1:00 pm in Courtroom 6, in Fresno, signed by Magistrate Judge Michael J. Seng on 11/30/2017. (Bernacchi, M)

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Jesse J. Maddox, Bar No. 219091
[e-mail]
Michael D. Youril, Bar No. 285591
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704
Telephone:
559.256.7800
Facsimile:
559.449.4535

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Deanne H. Peterson, Bar No. 147099
[e-mail]
Kathleen A. Taylor, Bar No. 131100
[e-mail]
County Counsel, Tulare County
2900 W. Burrel Ave.
Visalia, California 93291
Telephone: [phone]
Facsimile:
559.737.4319

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Liebert Cassidy Whitmore
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704

Attorneys for Defendant COUNTY OF TULARE
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David E. Mastagni, Bar No. 204244
Isaac S. Stevens, Bar No. 251245
Ace T. Tate, Bar No. 262015
Mastagni Holstedt
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENRY SEGUIN, on behalf of himself
and all similarly situated individuals,

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Plaintiff,

Case No.: 1:16-cv-01262 DAD SAB
STIPULATION AND ORDER TO CONTINUE
DATE OF SETTLEMENT CONFERENCE

v.
COUNTY OF TULARE,

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Date:
December 1, 2017
Time:
1:00 pm
Courtroom: 6

Defendant.

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Stipulation and Order to Continue Date of Settlement Conference
8371289.1 TU020-063

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Plaintiffs HENRY SEGUIN, ET AL. (“Plaintiffs”) and Defendant COUNTY OF
TULARE (“Defendant”), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, Plaintiffs filed this collective action on August 26, 2016, asserting that
Defendant violated the overtime payment provisions of the Fair Labor Standards Act (“FLSA”);
WHEREAS, Magistrate Judge Boone’s January 19, 2017 Scheduling Order (Dkt. No. 26)
scheduled a settlement conference for September 26, 2017, before Magistrate Judge Seng;
WHEREAS, on May 17, 2017, the Court granted the Parties’ stipulation for conditional
certification and facilitated class notice (Dkt. 32);
WHEREAS, the opt-in period for potential plaintiffs closed on or about September 28,
2017; however, the Parties agreed to permit additional, late opt-ins;
WHEREAS, on September 15, 2017, the Court issued a Minute Order continuing the

Liebert Cassidy Whitmore
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704

September 26, 2017 settlement conference to a date to be determined (Dkt. 41);
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WHEREAS, the Parties and the Court agreed to reschedule the settlement conference for
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December 1, 2017 (Dkt. 44);
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WHEREAS, Defendant’s calculations regarding potential damages are incomplete, and
given new issues regarding potential liability, Defendant notified Plaintiffs’ counsel on November
28, 2017 that Defendant is not positioned to meaningfully participate in settlement negotiations;
WHEREAS, the Parties have met and conferred and agree that the Parties need additional

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time to evaluate and investigate the claims in order to meaningfully participate in the settlement

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conference; and

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WHEREAS, the Parties agree it would be more productive for such a settlement
conference to take place in late January or February 2018.

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NOW THEREFORE, the Parties stipulate as follows:

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The settlement conference originally set for December 1, 2017 should be continued to a

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date in late-January or February 2018, or such later date convenient for the Court.

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Stipulation and Order to Continue Date of Settlement Conference
8371289.1 TU020-063

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Dated: November 29, 2017

LIEBERT CASSIDY WHITMORE

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By:
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/S/ Jesse J. Maddox
Jesse J. Maddox
Michael D. Youril
Attorneys for Defendant COUNTY
OF TULARE

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Dated: November 29, 2017

MASTAGNI HOLSTEDT

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By:
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Liebert Cassidy Whitmore
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704

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/S/ Ace T. Tate
David E. Mastagni
Isaac S. Stevens
Ace T. Tate
Attorneys for Plaintiffs HENRY
SEGUIN, et al.

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Stipulation and Order to Continue Date of Settlement Conference
8371289.1 TU020-063

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ORDER

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Having considered the foregoing Stipulation and Order to Continue Date of

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Settlement Conference in Case No. 1:16-cv-01262 DAD SAB, the Court refers the

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parties to the Minute Order at ECF No. 49, continues the December 1, 2017, settlement
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conference to January 5, 2018 at 1:00 pm in Courtroom 6, in Fresno, and resets the

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deadline to submit settlement conference statements and file notices of submission of

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same to seven calendar days prior to the new settlement conference date. In all other

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respects the proposed Stipulation is denied.

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Liebert Cassidy Whitmore
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704

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IT IS SO ORDERED.

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Dated:

November 30, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order to Continue Date of Settlement Conference
8371289.1 TU020-063