Perez v. Leprino Foods Company et al

Filing 99

ORDER re Stipulation Regarding Class Notice signed by Magistrate Judge Barbara A. McAuliffe on 6/9/2022. (Jessen, A)

1 HANSON BRIDGETT LLP
SANDRA L. RAPPAPORT, SBN 172990
2 [e-mail]
LISA M. POOLEY, SBN 168737
3 [e-mail]
WINSTON K. HU, SBN 306677
4 [e-mail]
GYMMEL TREMBLY, SBN 327236
5 [e-mail]
425 Market Street, 26th Floor
6 San Francisco, California 94105
Telephone:
[phone]
7 Facsimile:
[phone]
8 Attorneys for Defendants
LEPRINO FOODS COMPANY AND LEPRINO
9 FOODS DAIRY PRODUCTS COMPANY
10 R. REX PARRIS, SBN 96567
[e-mail]
11 KITTY K. SZETO, SBN 258136
[e-mail]
12 JOHN M. BICKFORD, SBN 280929
[e-mail]
13 RYAN A. CRIST, SBN 316653
[e-mail]
14 PARRIS LAW FIRM
43364 10th Street West
15 Lancaster, California 93534
Telephone:
[phone]
16 Facsimile:[phone]
17 Attorneys for Plaintiff and the Putative Class
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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21 JOHN PEREZ and on behalf of all other
similarly situated individuals,
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Plaintiff,
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v.
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LEPRINO FOODS COMPANY, a Colorado
25 Corporation; LEPRINO FOODS DAIRY
PRODUCTS COMPANY, a Colorado
26 Corporation; and DOES 1-50, inclusive,
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Case No. 1:17-cv-00686-AWI-BAM
STIPULATION AND [PROPOSED]
ORDER REGARDING CLASS NOTICE

Defendants.

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18631748.1

Case No. 1:17-cv-00686-AWI-BAM
STIPULATION AND [PROPOSED] ORDER REGARDING CLASS NOTICE

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Plaintiff JOHN PEREZ and Defendants LEPRINO FOODS COMPANY and LEPRINO

2 FOODS DAIRY PRODUCTS COMPANY (collectively, the "Parties"), by and through their
3 counsel of record, hereby stipulate and agree as follows:
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WHEREAS, the Court previously approved the Parties’ Joint Amended Class Notice and

5 Distribution Plan (Dkt. No. 81);
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WHEREAS, the Parties had agreed in that Class Notice and Distribution Plan that the class

7 members would have 90 days after the mailing of the Class Notice to opt out of the class;
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WHEREAS, Francisco Ramos did not previously receive notice of the class action and an

9 opportunity to opt out;
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WHEREAS, Mr. Ramos should receive a Class Notice and have an opportunity to opt out;

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WHEREAS, at this juncture, sixty (60) days should be a sufficient amount of time to

12 respond to the Class Notice;
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THEREFORE, IT IS HEREBY STIPULATED by and between the Parties that the

14 deadline for Mr. Ramos to respond to the third-party administrator, if he wants to exclude himself
15 from the class, will be sixty (60) days after the third-party administrator mails him the Class
16 Notice.
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IT IS SO STIPULATED.

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19 DATED: June 7, 2022

HANSON BRIDGETT LLP

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By:
/s/ Lisa M. Pooley
LISA M. POOLEY
Attorneys for Defendants
LEPRINO FOODS COMPANY AND LEPRINO
FOODS DAIRY PRODUCTS COMPANY

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18631748.1

Case No. 1:17-cv-00686-AWI-BAM
-2STIPULATION AND [PROPOSED] ORDER REGARDING CLASS NOTICE

1 DATED: June 7, 2022

PARRIS LAW FIRM

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By:
/s/ Kitty K. Szeto
R. REX PARRIS
KITTY K. SZETO
JOHN M. BICKFORD
RYAN A. CRIST
Attorneys for Plaintiff and the Putative Class

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ORDER

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Based on the above stipulation, and cause appearing, the Court adopts the parties’
stipulation regarding Class Notice. (Doc. 98.) The deadline for Francisco Ramos to respond to
the third-party administrator, if he wants to exclude himself from the class, will be sixty (60) days
after the third-party administrator mails him the Class Notice.

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15 IT IS SO ORDERED.
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Dated:

June 9, 2022

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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18631748.1

Case No. 1:17-cv-00686-AWI-BAM
-3STIPULATION AND [PROPOSED] ORDER REGARDING CLASS NOTICE