Integon Preferred Insurance v. Camacho, et al.

Filing 101

ORDER following informal teleconference; vacating all pending dates and matters set in the June 16, 2017 Scheduling Order and setting a deadline to file a motion to stay signed by Magistrate Judge Stanley A. Boone on 7/17/2018. (Motion due by 8/17/2018. Attorney Riley C. Walter terminated from action). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INTEGON PREFERRED INSURANCE
COMPANY,

Case No. 1:16-cv-01496-AWI-SAB
ORDER FOLLOWING INFORMAL
TELECONFERENCE; VACATING ALL
PENDING DATES AND MATTERS SET IN
THE JUNE 16, 2017 SCHEDULING
ORDER; AND SETTING A DEADLINE TO
FILE A MOTION TO STAY

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Plaintiff,
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v.
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ISABELLA ALVAREZ CAMACHO, et al.,
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Defendants.
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This action was filed on October 5, 2016. (ECF No. 1.) On June 16, 2017, the Court

19 issued a scheduling order. (ECF No. 52.) On September 15, 2017, all proceedings in this matter
20 were stayed against Defendants Isabella Alvarez Camacho and X-Treme Ag Labor, Inc. (ECF
21 No. 86.) On February 23, 2018, the stay was lifted. (ECF No. 90.)
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On April 2, 2018, the Court granted Plaintiff’s motion to file a third amended complaint

23 to add a defendant, Valley Garlic, Inc., and the third amended complaint was filed on April 2,
24 2018. (ECF Nos. 94, 95.) On June 20, 2018, Defendant Valley Garlic, Inc. filed an answer.
25 (ECF No. 98.)
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On July 13, 2018, the Court set a telephonic conference call with the parties to discuss the

27 scheduling of the case. (ECF No. 99.) On July 17, 2018, the Court held an informal telephonic
28 conference call with the parties. Jeffrey Dollinger appeared on behalf of Plaintiff. Dana Denno

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1 appeared on behalf of Defendant Valley Garlic, Inc. Gerardo Hernandez, Jr. appeared on behalf
2 of Defendants Camacho and X-Treme Ag Labor, Inc. and Danielle Bethel appeared as
3 bankruptcy counsel for Defendants Camacho and X-Treme Ag Labor, Inc. Defendant Valley
4 Garlic, Inc. indicated that it intends to file a motion to stay the proceedings in this action until the
5 conclusion of the underlying actions in Merced County Superior Court. Ms. Bethel indicated
6 that when Riley Walter filed the notice of automatic stay on August 21, 2017, it was not intended
7 as a notice of appearance in this action, and their firm is not representing Defendants Camacho
8 and X-Treme Ag Labor, Inc. in this action.
Accordingly, it is HEREBY ORDERED that:

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1.

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All dates and matters set in the June 16, 2017 scheduling order, including the
pretrial conference and trial dates, are VACATED;

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2.

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The parties shall file any motions to stay on or before August 17, 2018. The
hearing shall be set before the undersigned pursuant to the Local Rules; and

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3.

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The Clerk of the Court is directed to terminate Riley C. Walter and the Walter

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Wilhelm Bauer firm as counsel for Defendants Camacho and X-Treme Ag Labor,

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Inc. in this action.

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IT IS SO ORDERED.

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July 17, 2018
UNITED STATES MAGISTRATE JUDGE

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