Maciel et al v. Bar 20 Dairy, LLC

Filing 67

JOINT STIPULATION AND ORDER TO VACATE CLASS CERTIFICATION DATES. Order signed by Magistrate Judge Sheila K. Oberto on 12/14/2020. (Kusamura, W)

5

KINGSLEY & KINGSLEY, APC
ERIC B. KINGLSEY (SBN 185123)
[e-mail]
KELSEY M. SZAMET (SBN 260264)
[e-mail]
16133 Ventura Blvd., Suite 1200
Encino, CA 91436
Telephone [phone]
Facsimile [phone]

6

Attorneys for Plaintiff, Elvis Bonilla

7

11

THE SPIVAK LAW FIRM
DAVID G. SPIVAK (SBN 179684)
[e-mail]
CAROLINE TAHMASSIAN (SBN 285680)
[e-mail]
16530 Ventura Blvd, Suite 203
Encino, CA 91436
Telephone [phone]
Facsimile [phone]

12

Attorneys for Plaintiff, Jose Maciel

13

(Additional counsel listed on next page)

1
2
3
4

8
9
10

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16
17
18
19
20
21
22
23

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

Case No. 1:17-cv-00902-DAD-SKO
JOINT STIPULATION AND
ORDER TO VACATE CLASS
CERTIFICATION DATES
(Doc. 65)
Judge: SHEILA K. OBERTO
U.S. MAGISTRATE JUDGE

v.

24
25
26
27

BAR 20 DAIRY, LLC, a California
limited liability company; and DOES 1
through 50, inclusive,
Defendants.

28
1
JOINT STIPULATION AND ORDER TO VACATE CLASS CERTIFICATION DATES

1

5

SUTTON HAGUE LAW CORPORATION, P.C.
S. BRETT SUTTON (SBN 143107)
[e-mail]
JARED HAGUE (SBN 251517)
[e-mail]
6715 North Palm Avenue, Ste. 216
Fresno, CA 93704
Telephone [phone]
Facsimile [phone]

6

Attorneys for Defendant, Bar 20 Dairy, LLC

2
3
4

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
JOINT STIPULATION AND ORDER TO VACATE CLASS CERTIFICATION DATES

1

IT IS HEREBY STIPULATED by and between Plaintiff Jose Maciel, by and

2

through his counsel of record, David Spivak and Caroline Tahmassian of The

3

Spivak Law Firm, Plaintiff Elvis Bonilla, by and through his counsel of record, Eric

4

B. Kingsley and Kelsey M. Szamet of Kingsley & Kingsley, APC (collectively

5

hereafter “Plaintiffs”), and Defendant Bar 20 Dairy, LLC (“Defendant”) by and

6

through its counsel of record, S. Brett Sutton and Jared Hague of Sutton Hague Law

7

Corporation, P.C., as follows:

8
9
10
11
12
13
14
15
16

1.

WHEREAS, on October 23, 2018, the Court denied Plaintiffs’

unopposed motion for preliminary approval of class action settlement without
prejudice.
2.

WHEREAS, on March 14, 2019, the Court held a Mandatory

Scheduling Conference and ordered Plaintiffs to file a motion for class certification
no later than December 13, 2019.
3.

WHEREAS, following the Mandatory Scheduling Conference, the

Parties continued their settlement negotiations and agreed to revise the terms of the
settlement.
4.

WHEREAS, on December 17, 2019, and by the stipulation of the

17

Parties, the Court continued Plaintiffs’ deadline to file their motion for class

18

certification to February 26, 2020.

19

5.

WHEREAS, on February 18, 2020, and by the stipulation of the

20

Parties, the Court continued Plaintiffs’ deadline to file their motion for class

21

certification to April 27, 2020.

22

6.

WHEREAS, the Parties finalized the amended settlement documents

23

on or about March 24, 2020 and Plaintiffs filed a motion for preliminary approval

24

of the settlement on April 7, 2020.

25

7.

WHEREAS, on April 27, 2020, and by the stipulation of the Parties,

26

the Court continued Plaintiffs’ deadline to file their motion for class certification to

27

July 27, 2020.

28

8.

WHEREAS, on July 27, 2020, and by the stipulation of the Parties, the

3
JOINT STIPULATION AND ORDER TO VACATE CLASS CERTIFICATION DATES

1

Court further continued Plaintiffs’ deadline to file a motion for class certification to

2

October 26, 2020.

3
4

9.

WHEREAS, on October 13, 2020, the Court granted Plaintiffs’ Motion

for Preliminary Approval (Dkt. No 60).

5

10.

WHEREAS, the Class Notice has now been disseminated.

6

11.

WHEREAS, the motion for class certification is currently set for

7
8
9
10
11
12
13
14
15

February 2, 2021. The status conference to set further scheduling dates is continued
from December 29, 2020 to March 30, 2021.
12.

WHEREAS, Plaintiffs intend to file their Motion for Final Approval

on March 29, 2021 to be heard on April 12, 2021.
13.

WHEREAS, in light of preliminarily-approved, Settlement, the Parties

request that the Court vacate the motion for class certification and status conference.
14.

Counsel for Defendant Bar 20 Dairy, LLC and Plaintiff Jose Maciel

have authorized the filing of this Stipulation with the use of his/her electronic
signature hereon.
IT IS SO STIPULATED.

16
17

DATED: December 14, 2020

KINGSLEY & KINGSLEY, APC

18
19

By:/s/ Kelsey M. Szamet
Eric B. Kingsley
Kelsey M. Szamet
Attorneys for Plaintiff, Elvis Bonilla

20
21
22
23
24
25
26
27

DATED: December 14, 2020

THE SPIVAK LAW FIRM
By: /s/ David Spivak
David Spivak
Caroline Tahmassian
Attorneys for Plaintiff, Jose Maciel

28
4
JOINT STIPULATION AND ORDER TO VACATE CLASS CERTIFICATION DATES

1

DATED: December 14, 2020

SUTTON HAGUE LAW
CORPORATION, P.C.

2
3

By: /s/ Jared Hague
S. Brett Sutton
Jared Hague
Attorneys for Defendant, Bar 20 Dairy, LLC

4
5
6
7
8
9

ORDER

10

Pursuant to the Parties’ above stipulation and Plaintiffs’ intention to file their

11

Motion for Final Approval on March 29, 2021, which shall be heard on April 12,

12

2021, and for good cause shown,

13

The Court hereby VACATES the February 2, 2021, hearing date for the

14

motion for class certification, which was due to be filed on October 26, 2020, and

15

the status conference set for March 30, 2021.

16
17
18
19

IT IS SO ORDERED.
Dated:

December 14, 2020

/s/

Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
5
JOINT STIPULATION AND ORDER TO VACATE CLASS CERTIFICATION DATES