Casildo, et al. v. Esparza Enterprises, Inc

Filing 27

STIPULATION and ORDER 26 to Permit Plaintiffs to File Third Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 8/30/2018. (Hall, S)

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1 2 3 4 5 6 7 ERIC B. KINGSLEY, Esq. (SBN 185123) eric@kingsleykingsley.com KELSEY M. SZAMET, Esq. (SBN 260264) kelsey@kingsleykingsley.com ARI J. STILLER, Esq. (SBN 294676) ari@kingsleykingsley.com KINGSLEY & KINGSLEY, APC 16133 Ventura Blvd., Suite 1200 Encino, CA 91436 (818) 990-8300, Fax (818) 990-2903 Attorneys for Plaintiff and the Proposed Class 8 9 10 11 12 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 (661) 325-8962; Fax (661) 325-1127 dklingenberger@lebeauthelen.com 13 14 Attorneys for ESPARZA ENTERPRISES, INC. 15 UNITED STATES DISTRICT COURT 16 FOR THE EASTERN DISTRICT OF CALIFORNIA 17 18 19 OLGA CASILDO; JAIME CHINO SEVERIANO, as individuals, on behalf of themselves and others similarly situated 20 21 22 23 CASE NO. 1:17-cv-00601-LJO-JLT STIPULATION TO PERMIT PLAINTIFFS TO FILE THIRD AMENDED COMPLAINT; [PROPOSED] ORDER THEREON PLAINTIFFS, v. ESPARZA ENTERPRISES, INC; and DOES 1 thru 50, inclusive, DEFENDANTS. 24 25 26 27 28 {00079977;1} 1 JOINT STIPULATION TO PERMIT FILING OF TAC 1 Plaintiffs Olga Casildo, Jaime Chino Severiano, Ofelia Tornes Aguilar, Juan Carlos 2 Veronica Loreto, Moises Veronica Loreto, Marisela Serna, Hermina Veronica Loreto, Margarita 3 Casildo Bailon, Emanuel Casimiro Nandi, Elida Ramirez, and Jasmin Castro Grande (“Plaintiffs”) 4 and Defendant Esparza Enterprises, Inc. (“Esparza” or “Defendant”), by and through their 5 respective counsel of record, hereby stipulate as follows: 6 WHEREAS, Plaintiffs are a group of current and former Esparza employees who opted out 7 of a class action settlment in the related case of Clendenen v. Esparza Enterprises, Inc., et al. 8 (Clendenen), Kern County Superior Court Case No. S-1500-CV-281278-SPC; 9 WHEREAS, the Court lifted a stay in the present matter on March 19, 2018; 10 WHEREAS, this matter was originally filed as a class action, but after the stay was lifted, 11 Plaintiffs filed a First Amended Complaint (“FAC”) on March 22, 2018 dismissing class 12 allegations; 13 WHEREAS, Plaintiffs filed a Second Amended Complaint (“SAC”) on May 31, 2018 to 14 allege individual claims on behalf of Plaintiff Olga Casildo. Ms. Casildo was included in the 15 original complaint but removed from the FAC based on defense counsel’s representations that her 16 claims were released by the Clendenen settlement. However, Plaintiff’s counsel verified that Ms. 17 Casildo opted out of the Clendenen settlement and can pursue claims in this action; 18 19 WHEREAS, the parties have been engaging in settlement negotiations since the SAC was filed; 20 WHEREAS, in the course of settlement negotiations, Plaintiff’s counsel notified defense 21 counsel that an Esparza employee who was not included in the SAC, Jasmin Castro Grande, had 22 opted out of the Clendenen settlement and wishes to pursue claims in this case; 23 24 WHEREAS, Plaintiffs wish to file a Third Amended Complaint adding Ms. Castro Grande to this action; 25 WHEREAS, a proposed Third Amended Complaint is attached hereto as Exhibit “A”; 26 NOW THEREFORE, the Parties hereby stipulate and agree as follows: 27 1. 28 Plaintiffs shall be granted leave to file the Third Amended Complaint attached hereto as Exhibit “A”; {00079977;1} 2 JOINT STIPULATION TO PERMIT FILING OF TAC 1 2. Defendant shall have 30 days from the date of the filing of the Third Amended 2 Complaint to file a responsive pleading. 3 IT IS SO STIPULATED. 4 DATED: August 30, 2018 KINGSLEY & KINGSLEY, APC 5 By: /s/ Ari J. Stiller Eric B. Kingsley Ari J. Stiller Attorneys for Plaintiff and the Proposed Class 6 7 8 9 LEBEAU • THELEN, LLP DATED: August 30, 2018 10 By: /s/ Kelly Lazerson Kelly Lazerson Attorneys for Defendant Esparza Enterprises, Inc. 11 12 13 14 15 16 IT IS SO ORDERED. Dated: August 30, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 {00079977;1} 3 JOINT STIPULATION TO PERMIT FILING OF TAC 1 ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT 2 Pursuant to the Parties’ stipulation and for good cause shown, the Court hereby orders as 3 4 5 6 follows: 1. Plaintiffs shall be given leave to file the Third Amended Complaint attached to the parties’ stipulation as Exhibit “A”; 2. Defendant shall have 30 days from the date of the filing of the Third Amended 7 Complaint to file a responsive pleading. 8 IT IS SO ORDERED. 9 10 11 Dated: ______________________ 12 ________________________________________ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {00079977;1} 4 ORDER GRANTING LEAVE TO FILE TAC

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