Rodriguez ,et al. v. M. J. Brothers, Inc., et al.

Filing 27

ORDER GRANTING STIPULATION CONCERNING FURTHER PROCEEDINGS ON PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; VACATING MARCH 8, 2019 FINDINGS AND RECOMMENDATIONS; AND CONTINUING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF CLAS S ACTION SETTLEMENT TO APRIL 24, 2019. IT IS HEREBY ORDERED that: The findings and recommendations filed March 8, 2019 is VACATED; The hearing on Plaintiffs motion for preliminary approval of class action settlement is CONTINUED to April 24, 2019, at 10:00 a.m. in Courtroom 9. Plaintiffs shall file supplemental briefing addressing the concerns raised in the findings and recommendations by April 17, 2019. Signed by Magistrate Judge Stanley A. Boone on 3/14/2019. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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VICTOR RODRIGUEZ, et al.,
Plaintiffs,

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Case No.: 1:18-CV-00252-LJO-SAB
ORDER GRANTING STIPULATION
CONCERNING FURTHER PROCEEDINGS
ON PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT; VACATING
MARCH 8, 2019 FINDINGS AND
RECOMMENDATIONS; AND CONTINUING
HEARING ON MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT TO APRIL 24, 2019

v.

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M.J. BROTHERS, INC., et al.,
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Defendants.
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(ECF No. 26)

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Plaintiffs Victor Rodriguez, Estreberto Valdez, Miguel Esparza, and Francisco Banda, and

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Defendants M. J. Brothers, Inc., Eduardo Martin, Daniel Martin, Fernando Martin, and Ronald

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Martin, filed a Stipulation Concerning Further Proceedings on Plaintiffs’ Motion for Preliminary

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Approval of Class Action Settlement (“Stipulation”) on March 13, 2019.

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On March 8, 2019, the Magistrate Judge issued Findings and Recommendations

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Recommending Granting in Part and Denying in Part Plaintiffs’ Motion for Preliminary Approval of

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Class Action Settlement. The findings and recommendations were submitted to the district court

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judge assigned to the action, because the parties had not consented to the jurisdiction of the

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Magistrate Judge. All parties have now consented to the jurisdiction of the Magistrate Judge.

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In the Stipulation, the parties agree to address concerns identified in the findings and
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recommendations, including revising the settlement agreement, revising the class and collective

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action notices, and presenting additional information in support of the motion for preliminary

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approval of class action settlement. The parties also request that the Court continue the hearing on

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Plaintiffs’ motion.

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Based on the Stipulation, and GOOD CAUSE APPEARING, IT IS HEREBY ORDERED
that:

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The findings and recommendations filed March 8, 2019 is VACATED;

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The hearing on Plaintiffs’ motion for preliminary approval of class action settlement

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is CONTINUED to April 24, 2019, at 10:00 a.m. in Courtroom 9.

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3.

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Plaintiffs shall file supplemental briefing addressing the concerns raised in the
findings and recommendations by April 17, 2019.

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IT IS SO ORDERED.

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Dated:

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March 14, 2019
UNITED STATES MAGISTRATE JUDGE

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