Casildo, et al. v. Esparza Enterprises, Inc

Filing 14

ORDER GRANTING 13 Stipulation to Stay the Entire Action, signed by Magistrate Judge Jennifer L. Thurston on 7/31/2017. CASE STAYED. (Hall, S)

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ERIC B. KINGSLEY, Esq. (SBN 185123)
[e-mail]
KELSEY M. SZAMET, Esq. (SBN 260264)
[e-mail]
ARI J. STILLER, Esq. (SBN 294676)
[e-mail]
KINGSLEY & KINGSLEY, APC
16133 Ventura Blvd., Suite 1200
Encino, CA 91436
[phone], Fax [phone]
Attorneys for Plaintiff and the Proposed Class

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Daniel K. Klingenberger, Esq. (SBN 131134)
LAW OFFICES OF
LEBEAU • THELEN, LLP
5001 East Commercenter Drive, Suite 300
Post Office Box 12092
Bakersfield, California 93389-2092
[phone]; Fax [phone]
[e-mail]

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Attorneys for ESPARZA ENTERPRISES, INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OLGA CASILDO; JAIME CHINO
SEVERIANO, as individuals, on behalf of
themselves and others similarly situated

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PLAINTIFFS,
v.

CASE NO. 1:17-cv-00601-LJO-JLT
STIPULATION TO STAY ENTIRE
ACTION; [PROPOSED] ORDER
THEREON
(Doc. 13)

ESPARZA ENTERPRISES, INC; and DOES
1 thru 50, inclusive,
DEFENDANTS.

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{00079977;1}

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ORDER RE: JOINT STIPULATION TO STAY ENTIRE ACTION

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Plaintiffs Olga Casildo and Jaime Chino Severiano (hereinafter “Plaintiffs”) and

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Defendant Esparza Enterprises, Inc. (hereinafter “Esparza” or “Defendant”), by and through their

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respective counsel of record, hereby stipulate as follows:

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WHEREAS, Plaintiffs filed the instant action (the “Casildo Action”) on April 28, 2017;

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WHEREAS, Plaintiffs also objected to approval of a class action settlement in the case of

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Clendenen v. Esparza Enterprises, Inc. et al., Kern County Case No. S-1500-CV-281278-SPC

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(the “Clendenen Action”). Among other arguments, Plaintiffs’ objection asserted that the

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Clendenen settlement impermissibly purports to release claims asserted in the Casildo action;

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WHEREAS, the Kern County Superior Court heard a Motion for Final Approval of the
Clendenen settlement on June 6, 2017;
WHEREAS, the Clendenen court issued a minute order on July 12, 2017 finding the
Clendenen settlement to be fair, adequate, and reasonable, and overruling Plaintiffs’ objections;
WHEREAS, Plaintiffs intend to appeal the order granting final approval of the settlement
and overruling their objections;
WHEREAS, the outcome of Plaintiffs’ appeal in the Clendenen Action could impact the
viability of their claims in present case.

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NOW THEREFORE, the Parties herby stipulate and agree as follows:

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1.

The Casildo Action shall be stayed in its entirety pending resolution of Plaintiffs’

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appeal of the order granting final approval of the settlement and overruling objections in the

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Clendenen Action.

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2.

Within twenty-one (21) days after receiving notice of the Court of Appeal

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decision regarding Plaintiffs’ appeal of the order granting final approval of the settlement,

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Plaintiffs shall file with this Court a request 1) to lift the stay, 2) to dismiss the Casildo Action,

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or 3) for other appropriate action.

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3.

In the event the stay of the Casildo Action is lifted, Defendant shall have thirty

(30) days to file a response to the Complaint in the Casildo Action.
IT IS SO STIPULATED.

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{00079977;1}

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ORDER RE: JOINT STIPULATION TO STAY ENTIRE ACTION

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DATED: July 31, 2017

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KINGSLEY & KINGSLEY, APC

By: /s/ ARI J. STILLER
Eric B. Kingsley
Ari J. Stiller
Attorneys for Plaintiff and the Proposed Class

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DATED: July 31, 2017

LEBEAU • THELEN, LLP

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By: /s/ DANIEL K. KLINGENBERGER
Daniel K. Klingenberger
Attorneys for Esparza Enterprises, Inc.

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ORDER TO STAY ACTION PURSUANT TO STIPULATION
Pursuant to the Parties’ stipulation and for good cause shown, the Court hereby orders as
follows:
1.

The Casildo Action shall be stayed in its entirety pending resolution of Plaintiffs’

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appeal of the order granting final approval of the settlement and overruling objections in the

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Clendenen Action, Kern County Case No. S-1500-CV-281278-SPC.

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2.

Within 10 days of the plaintiffs’ decision to forego an appeal in the Clendenen

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action or within 10 days after receiving notice of the Court of Appeal’s decision regarding the

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plaintiffs’ appeal in the Clendenen Action, the plaintiffs shall file with this Court a request 1) to

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lift the stay, 2) to dismiss the Casildo Action, or 3) for other appropriate action.

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3.

In the event the stay of the Casildo Action is lifted, Defendant shall have 30 days

to file a response to the Complaint in the Casildo Action.

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IT IS SO ORDERED.
Dated:

July 31, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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{00079977;1}

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ORDER RE: JOINT STIPULATION TO STAY ENTIRE ACTION