Maciel et al v. Bar 20 Dairy, LLC

Filing 57

ORDER GRANTING THE PARTIES' STIPULATED REQUEST: ORDER MODIFYING SCHEDULING ORDER: Motion filed by 7/27/2020, Opposition due by 9/14/2020, Replies due by 9/29/2020, Motion Hearing set for 11/3/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Status Conference set for 12/29/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 4/27/2020. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE MACIEL and ELVIS BONILLA, on
behalf of themselves, and all others
similarly situated, and as “aggrieved
employees” on behalf of other “aggrieved
employees” under the Labor Code Private
Attorney General Act of 2004,
Plaintiffs,

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v.

No. 1:17-cv-00902-DAD-SKO
ORDER GRANTING THE PARTIES’
STIPULATED REQUEST
ORDER MODIFYING SCHEDULING
ORDER
(Doc. 56)

BAR 20 DAIRY, LLC, a California limited
liability company,
Defendant.

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On March 15, 2019, following the denial of the parties’ motion for preliminary approval of

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class settlement, the Court entered a scheduling order in this case. (Doc. 41; see Doc. 34.) The

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Court granted two previous stipulations for extension of the class certification deadlines, as the

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parties were attempting to finalize amended settlement documents, and the current deadline to file

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the motion for class certification is April 27, 2020. (See Docs. 49, 53.) The parties now seek to

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modify the scheduling order a third time because the parties filed a second motion for preliminary

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approval of class settlement on April 7, 2020, which is currently pending before the assigned district

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judge. (Doc. 56 at 3; see Doc. 54.)

Upon review of the parties’ stipulation, (Doc. 56), for good cause shown, the Court

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GRANTS the parties’ request and will enlarge the deadlines as set forth below.

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It is ORDERED that the scheduling order is hereby MODIFIED as follows:

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1.

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The deadline for filing the motion for class certification is continued from April 27,
2020, to July 27, 2020.

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2.

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The deadline for filing any opposition to the motion for class certification is
continued from June 15, 2020, to September 14, 2020.

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3.

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The deadline for any reply brief in support of the motion for class certification is
continued from July 1, 2020, to September 29, 2020.

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4.

The motion for class certification shall be heard on November 3, 2020, at 9:30

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a.m., in Courtroom 5 before the Honorable Dale A. Drozd, United States District

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Judge.

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5.

The status conference to set further scheduling dates is continued from October 1,

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2020, to December 29, 2020, at 9:30 a.m. in Courtroom 7 before United States

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Magistrate Judge Sheila K. Oberto. Telephonic appearances are approved; all

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parties appearing telephonically shall call [phone], access code

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6208204# at the date and time for the conference. By no later than December 22,

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2020, the parties shall file and email to [e-mail] in MS

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Word format a report providing (a) dates agreed to by all counsel for all

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remaining deadlines and (b) an updated status of the case.

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IT IS SO ORDERED.
Dated:

April 27, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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