Quiroz v. City of Ceres

Filing 63

ORDER Granting 62 Stipulation Regarding Tolling Statute of Limitations, signed by District Judge Dale A. Drozd on 4/20/2018. (1. The parties' stipulation regarding tolling the statute of limitations for individuals listed on Attachment B (Doc. No. 62) is granted; 2. The parties are ordered to prepare and distribute the class notice to the potential plaintiffs in a manner consistent with the parties' stipulation.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS A. QUIROZ, on behalf of
himself and all similarly situated
individuals,

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Plaintiff,
v.
CITY OF CERES,

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No. 1:17-cv-00444-DAD-BAM

ORDER GRANTING STIPULATION
REGARDING TOLLING STATUTE OF
LIMITATIONS
(Doc. No. 62.)

Defendant.

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The parties have submitted a stipulation regarding the tolling of the statute of limitations

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for ten individuals as identified by the parties. (Doc. No. 62.) On June 22, 2017, the court issued

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an order granting in part plaintiff’s first motion for conditional certification and facilitated notice.

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(Doc. No. 29.) On October 20, 2017, the court issued an order granting in part plaintiff’s second

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motion for conditional certification and facilitated class notice. (Doc. No. 48.) Since then, the

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City of Ceres (“City”) has noticed individuals in both conditionally certified classes. (See Doc.

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No. 62 at 2.)

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On April 19, 2018, the parties submitted a stipulation indicating the following. In

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reviewing this matter, the City determined that there were ten individuals who should have been

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noticed as part of the initially conditionally certified class but may not have been issued notice.

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(Id. at 2, ¶ 8–9.) These individuals have not opted in to this action and are not represented in the
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actions related to this case, which include: Jonathan McManus et al. v. City of Ceres, Case No.

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1:17-cv-00355-DAD-MJS; Julio Amador et al. v. City of Ceres, Case No. 1:17-cv-00552,

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Miranda et al. v. City of Ceres, Case No.: 1:18-cv-00041-DAD-BAM. Having reviewed the

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stipulation, the court finds the parties’ proposal to toll the statute of limitations to be appropriate.

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Accordingly,

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1. The parties’ stipulation regarding tolling the statute of limitations for individuals listed

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on Attachment B (Doc. No. 62) is granted;
2. The parties are ordered to prepare and distribute the class notice to the potential
plaintiffs in a manner consistent with the parties’ stipulation.

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IT IS SO ORDERED.
Dated:

April 20, 2018
UNITED STATES DISTRICT JUDGE

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