Casildo, et al. v. Esparza Enterprises, Inc
Filing
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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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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
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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
(661) 325-8962; Fax (661) 325-1127
dklingenberger@lebeauthelen.com
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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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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.
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{00079977;1}
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JOINT STIPULATION TO PERMIT FILING OF TAC
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Plaintiffs Olga Casildo, Jaime Chino Severiano, Ofelia Tornes Aguilar, Juan Carlos
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Veronica Loreto, Moises Veronica Loreto, Marisela Serna, Hermina Veronica Loreto, Margarita
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Casildo Bailon, Emanuel Casimiro Nandi, Elida Ramirez, and Jasmin Castro Grande (“Plaintiffs”)
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and Defendant Esparza Enterprises, Inc. (“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 are a group of current and former Esparza employees who opted out
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of a class action settlment in the related case of Clendenen v. Esparza Enterprises, Inc., et al.
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(Clendenen), Kern County Superior Court Case No. S-1500-CV-281278-SPC;
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WHEREAS, the Court lifted a stay in the present matter on March 19, 2018;
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WHEREAS, this matter was originally filed as a class action, but after the stay was lifted,
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Plaintiffs filed a First Amended Complaint (“FAC”) on March 22, 2018 dismissing class
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allegations;
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WHEREAS, Plaintiffs filed a Second Amended Complaint (“SAC”) on May 31, 2018 to
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allege individual claims on behalf of Plaintiff Olga Casildo. Ms. Casildo was included in the
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original complaint but removed from the FAC based on defense counsel’s representations that her
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claims were released by the Clendenen settlement. However, Plaintiff’s counsel verified that Ms.
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Casildo opted out of the Clendenen settlement and can pursue claims in this action;
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WHEREAS, the parties have been engaging in settlement negotiations since the SAC was
filed;
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WHEREAS, in the course of settlement negotiations, Plaintiff’s counsel notified defense
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counsel that an Esparza employee who was not included in the SAC, Jasmin Castro Grande, had
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opted out of the Clendenen settlement and wishes to pursue claims in this case;
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WHEREAS, Plaintiffs wish to file a Third Amended Complaint adding Ms. Castro Grande
to this action;
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WHEREAS, a proposed Third Amended Complaint is attached hereto as Exhibit “A”;
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NOW THEREFORE, the Parties hereby stipulate and agree as follows:
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1.
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Plaintiffs shall be granted leave to file the Third Amended Complaint attached
hereto as Exhibit “A”;
{00079977;1}
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JOINT STIPULATION TO PERMIT FILING OF TAC
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2.
Defendant shall have 30 days from the date of the filing of the Third Amended
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Complaint to file a responsive pleading.
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IT IS SO STIPULATED.
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DATED: August 30, 2018
KINGSLEY & KINGSLEY, APC
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By: /s/ Ari J. Stiller
Eric B. Kingsley
Ari J. Stiller
Attorneys for Plaintiff and the Proposed Class
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LEBEAU • THELEN, LLP
DATED: August 30, 2018
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By: /s/ Kelly Lazerson
Kelly Lazerson
Attorneys for Defendant Esparza Enterprises, Inc.
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IT IS SO ORDERED.
Dated:
August 30, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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{00079977;1}
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JOINT STIPULATION TO PERMIT FILING OF TAC
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ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT
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Pursuant to the Parties’ stipulation and for good cause shown, the Court hereby orders as
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follows:
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Plaintiffs shall be given leave to file the Third Amended Complaint attached to the
parties’ stipulation as Exhibit “A”;
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Defendant shall have 30 days from the date of the filing of the Third Amended
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Complaint to file a responsive pleading.
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IT IS SO ORDERED.
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Dated: ______________________
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________________________________________
UNITED STATES MAGISTRATE JUDGE
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{00079977;1}
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ORDER GRANTING LEAVE TO FILE TAC
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