U.S. Equal Employment Opportunity Commission v. Marquez Brothers International, Inc. et al
Filing
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ORDER re 32 Joint Stipulation to Schedule Settlement Conference, to Continue Mandatory Scheduling Conference, and Related Dates. For good cause shown as stated by the Parties' stipulation, the Court orders that: (a) The Parties shall atten d the settlement conference before Magistrate Judge Thurston on February 1, 2018 at 1:30 p.m. (b) The Mandatory Scheduling Conference scheduled for December 7, 2017 shall be continued to March 5, 2018 at 9:30 a.m. The Court grants telephon ic appearances at said conference with each party wishing to so appear directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. (c) The Parties shall file a joint scheduling report no later t han seven days before the Mandatory Scheduling Conference. (d) Discovery shall be stayed until February 8, 2018 and responses to any pending discovery requests shall be due no later than February 26, 2018, unless the Parties stipulate to extend the deadlines in accordance with the Local Rule 144 or otherwise ordered by the Court. Order signed by Magistrate Judge Erica P. Grosjean on 12/1/2017. (Valdez, E)
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Anna Y. Park, SBN 164242
Sue J. Noh, SBN 192134
Rumduol Vuong, SBN 264392
Derek W. Li, SBN 150122
Jennifer L. Boulton, SBN 259076
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
Telephone: (213) 894-1083
Facsimile: (213) 894-1301
E-Mail: lado.legal@eeoc.gov
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Attorneys for Plaintiff
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
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(Additional Attorneys on next page)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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)
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Plaintiff,
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vs.
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MARQUEZ BROTHERS INTERNATIONAL, )
INC., MARQUEZ BROTHERS
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ENTERPRISES, INC.,
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MARQUEZ BROTHERS FOODS, INC.,
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MARQUEZ BROTHERS SOUTHERN
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CALIFORNIA, INC., MARQUEZ
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BROTHERS NEVADA, INC., MARQUEZ
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BROTHERS TEXAS I, INC., AND DOES 1- )
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10, INCLUSIVE
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Defendant(s).
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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
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Case No.: 1:17-cv-00044-AWI-EPG
JOINT STIPULATION TO SCHEDULE
SETTLEMENT CONFERENCE, TO
CONTINUE MANDATORY
SCHEDULING CONFERENCE AND
RELATED DATES, AND TO STAY
DISCOVERY; ORDER
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LITTLER MENDELSON, P.C.
Keith Jacoby, SBN 150233
Aurelio Perez, SBN 282135
Jose Macias, Jr., SBN 265033
Littler Mendelson, P.C.
2029 Century Park East, 5th Floor
Los Angeles, CA 90067-3107
Telephone: (310)772-7284
Facsimile: (310)553-5583
Email: kjacoby@littler.com
Attorneys for Defendants
Marquez Brothers International, Inc.,
Marquez Brothers Enterprises, Inc.,
Marquez Brothers Foods, Inc.,
Marquez Brothers Southern Cal., Inc.,
Marquez Brothers Nevada, Inc., and
Marquez Brothers Texas I, Inc.
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Plaintiff Equal Employment Opportunity Commission (“EEOC”) and Defendants
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Marquez Brothers International, Inc., Marquez Brothers Enterprises, Inc., Marquez Brothers
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Foods, Inc., Marquez Brothers Southern California, Inc., Marquez Brothers Nevada, Inc., and
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Marquez Brothers Texas I, Inc. (“Defendants”, collectively, the “Parties”) by and through their
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counsel of record stipulate as follows to schedule a settlement conference and to continue the
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Mandatory Scheduling Conference, currently scheduled for December 7, 2017 at 9:30 a.m.:
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1.
On January 11, 2017, Plaintiff EEOC filed its Complaint alleging Defendants
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violated Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., by engaging in unlawful
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employment hiring practices based on race and by failing or refusing to make, preserve, and
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produce the required records and reports. (Complaint, ECF No. 1). Before any of the
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Defendants filed a response to the Complaint, Plaintiff filed on February 28, 2017 its First
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Amended Complaint. (First Amended Complaint, ECF No. 5).
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2.
On January 11, 2017, the Court issued its order setting the Mandatory
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Scheduling Conference on April 11, 2017 at 9:00 a.m. (Sch. Conf. Order 1, ECF No. 1). The
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Court also ordered the Parties to file a Joint Scheduling Report one full week prior to the
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Scheduling Conference. (Id. at 3). The Court further ordered the Parties to hold a conference of
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counsel at least twenty days prior to the Mandatory Scheduling Conference. (Id.).
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3.
On March 29, 2017, the Parties filed a first stipulation requesting a continuance
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of the Mandatory Scheduling Conference and related dates to account for the briefing schedule
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related to Defendants’ Motion to Dismiss EEOC’s First Amended Complaint. (3/29/17 Stip.,
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ECF No. 7). On March 30, 2017, the Court continued the Mandatory Scheduling Conference
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from April 11, 2017 to October 2, 2017 at 9:00 a.m. with telephonic appearances granted.
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(3/30/17 Order 2, ECF No. 9).
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4.
On September 13, 2017, the Parties filed a second stipulation requesting a
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continuance and related dates to account for the anticipated ruling by District Judge Ishii on
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Defendants’ Motion to Dismiss the EEOC’s First Amended Complaint. (9/13/17 Stip., ECF No.
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26). On September 14, 2017, the Court vacated the Mandatory Scheduling Conference and
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ordered the Parties to file a stipulation to set forth proposed dates for the Mandatory Scheduling
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Conference after District Judge Ishii’s ruling on Defendants’ to Dismiss. (9/14/17 Order, ECF
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No. 27).
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5.
On September 18, 2017, District Judge Ishii issued an Order denying
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Defendants’ Motion to Dismiss EEOC’s First Amended Complaint. (9/18/17 Order, ECF No.
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28). On September 25, 2017, the Parties filed its third stipulation proposing December 7, 2017
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at 9:30 a.m. for the Mandatory Scheduling Conference. (9/25/17 Stip., ECF No. 29). On
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September 26, 2017, the Court ordered the Mandatory Scheduling Conference to be scheduled
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for December 7, 2017 at 9:30 a.m. and the filing of the joint status report one full week prior to
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the conference. (9/26/17 Order, ECF No. 30).
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6.
Since District Judge Ishii’s decision, the Parties have started to engage in
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discovery. The Parties have held a Rule 26 meeting of counsel and have served their Initial
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Disclosures pursuant to Rule 26. Defendants have served subpoenas to obtain documents from
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third-parties. The EEOC has served interrogatories and document requests to all Defendants.
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7.
The Parties recently have agreed to request a settlement conference in an attempt
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to resolve the litigation before both Parties expend significant resources in discovery. Through
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the Court’s Clerk, the Parties understand that Magistrate Judge Thurston is willing to handle a
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settlement conference for this case. Based on Magistrate Judge Thurston’s availability, the
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Parties have agreed to a settlement conference on February 1, 2018 at 1:30 p.m.
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8.
In light of the proposed settlement conference on February 1, 2018, the Parties
stipulate as follows:
a.
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February 1, 2018 at 1:30 p.m.
b.
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to continue the currently scheduled Mandatory Scheduling Conference on
December 7, 2017 to March 5, 2018 at 9:30 a.m.;
c.
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to attend a settlement conference before Magistrate Judge Thurston on
to file a joint scheduling report no later than seven days before the
Mandatory Scheduling Conference; and
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to a stay of discovery until February 8, 2018 and the responses to any
pending discovery requests are due no later than February 26, 2018,
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unless the Parties stipulate to extend the deadlines in accordance with
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Local Rule 144 or otherwise ordered by the Court.
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IT IS SO STIPULATED.
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Dated: December 1, 2017
Respectfully Submitted
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
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/s/ Derek W. Li
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By:
Derek W. Li
EEOC Trial Attorney for Plaintiff EEOC
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Dated: December 1, 2017
LITTLER MENDELSON, P.C.
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/s/ Aurelio Perez
BY: _____________________________
Keith Jacoby
Aurelio Perez
Attorneys for Defendants
Marquez Brothers International, Inc.,
Marquez Brothers Enterprises, Inc.,
Marquez Brothers Foods, Inc.,
Marquez Brothers Southern Cal., Inc.,
Marquez Brothers Nevada, Inc., and
Marquez Brothers Texas I, Inc.
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ORDER
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For good cause shown as stated by the Parties’ stipulation, the Court orders that:
a.
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The Parties shall attend the settlement conference before Magistrate
Judge Thurston on February 1, 2018 at 1:30 p.m.
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b.
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The Mandatory Scheduling Conference scheduled for December 7, 2017
shall be continued to March 5, 2018 at 9:30 a.m. The Court grants
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telephonic appearances at said conference with each party wishing to so
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appear directed to use the following dial-in number and passcode: 1-888-
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251-2909; passcode 1024453.
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c.
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The Parties shall file a joint scheduling report no later than seven days
before the Mandatory Scheduling Conference.
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d.
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Discovery shall be stayed until February 8, 2018 and responses to any
pending discovery requests shall be due no later than February 26, 2018,
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unless the Parties stipulate to extend the deadlines in accordance with the
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Local Rule 144 or otherwise ordered by the Court.
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IT IS SO ORDERED.
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Dated:
December 1, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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