Tavares v. Cargill, Incorporated et al

Filing 110

JOINT STIPULATION TO CONTINUE DEADLINE TO FILE SUPPLEMENTAL BRIEFING ISO MOTION FOR CERTIFICATION OF THE SETTLEMENT CLASS AND PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; ORDER signed by District Judge Kirk E. Sherriff on 3/6/2025: In view of th e parties' foregoing stipulation (Dkt. 109 ), and good cause having been shown (see Fed. R. Civ. P. 16(b)(4)), the Court hereby continues the prior deadline to file Plaintiff's Supplemental Briefing ISO Motion for Certification of Settlement Class and Preliminary Approval of Class Action Settlement (Doc. 107 ) by thirty (30) days to April 4, 2025, and continues the hearing on Plaintiff's Motion to April 21, 2025, at 1:30 p.m. in Courtroom 6. (Deputy Clerk CLA)

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MARLIN & SALTZMAN, LLP
Cody R. Kennedy, Esq. (SBN 296061)
2945 Townsgate Road, Suite 200
Westlake Village, California 91361
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff MARIBEL TAVARES, et al.
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Richard H. Rahm CA Bar No. 130728
[e-mail]
Timothy L. Reed CA Bar No. 258034
[e-mail]
Ethan Lai CA Bar No. 347130
[e-mail]
One Embarcadero Center, Suite 900
San Francisco, California 94111
Telephone: [phone]
Facsimile: 415-442-4870
Attorneys for Defendants CARGILL MEAT SOLUTIONS
CORP. and CARGILL, INCORPORATED

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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MARIBEL TAVARES, individually, and on
behalf of other members of the general public
similarly situated and on behalf of other
aggrieved employees pursuant to the California
Private Attorneys General Act,

) CASE NO.: 1:18-CV-00792-KES-SKO
)
) JOINT STIPULATION TO CONTINUE
) DEADLINE TO FILE SUPPLEMENTAL
) BRIEFING ISO MOTION FOR
) CERTIFICATION OF THE SETTLEMENT
Plaintiff,
) CLASS AND PRELIMINARY APPROVAL
) OF CLASS ACTION SETTLEMENT;
v.
) ORDER
CARGILL INCORPORATED, an unknown
)
business entity; CARGILL MEAT SOLUTIONS ) Magistrate: Sheila K. Oberto
Kirk E. Sherriff
CORP, an unknown business entity; and DOES 1 ) Judge:
through 100, inclusive,
)
March 17, 2025
) DATE:
TIME:
1:30 p.m.
)
Defendants.
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) CTRM:
)
) Complaint Filed:
April 20, 2018
) Removed:
June 8, 2018
) First Amd Complaint Filed: July 12, 2018

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JOINT STIP TO CONTINUE DEADLINE TO FILE SUPPLEMENTAL BRIEFING
CASE NO. 1:18-CV-00792-KES-SKO

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Plaintiff Maribel Tavares (“Plaintiff”) and Defendants Cargill Meat Solutions, Corp.

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(“CMSC”) and Cargill, Inc. (“Cargill”) (collectively, the “Parties”), by and through their attorneys of

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record in this case, stipulate and agree as follows:

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WHEREAS, on December 23, 2024, Plaintiffs filed their Motion for Preliminary Approval of
Class Action Settlement.

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WHEREAS, on January 28, 2025, the Court issued an Order continuing the hearing on

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Plaintiff’s Motion for Preliminary Approval to March 3, 2025, and further ordering supplemental

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briefing to be filed by Plaintiff on or before February 19, 2025 (Dkt. 103).

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WHEREAS, on February 13, 2025, the Court granted a 14 day extension of Plaintiff’s deadline
to March 5, 2025 (Dkt. 107).

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WHEREAS, while preparing the supplemental briefing, Cargill indicated to Plaintiff’s Counsel

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that it had begun the process of having a data analytics team re-analyze the class data. Cargill has

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likewise indicated that it intends to file a supplemental declaration providing an updated count of the

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number of putative class members and workweeks falling within the settlement period.

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WHEREAS, on March 5, 2025, Plaintiff’s Counsel were informed by Cargill that the data

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analysis was still ongoing, but could potentially include a higher number of class members and

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workweeks than previously identified.

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WHEREAS, it is anticipated that the results of Defendants’ analysis may impact Plaintiff’s

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supplemental briefing, and may potentially alter the total amount of the settlement should the

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settlement agreement’s escalator clause be triggered.

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WHEREAS, the Parties believe that additional time is necessary to comply with the Court’s
Order for supplemental briefing in light of these developments.

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WHEREAS, the Parties have stipulated to a thirty (30) day continuance of Plaintiff’s deadline

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to file Supplemental Briefing and the pending Motion for Preliminary Approval hearing date, pending

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the Court’s approval.

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IT IS HEREBY STIPULATED that, pending this Court’s approval, the deadline to file

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Plaintiff’s Supplemental Briefing in Support of Motion for Certification of Class Action Settlement

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-2JOINT STIP TO CONTINUE DEADLINE TO FILE SUPPLEMENTAL BRIEFING
CASE NO. 1:18-CV-00792-KES-SKO

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shall be continued by thirty (30) days to April 4, 2025, and that the hearing on Plaintiffs’ Motion shall

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also be continued by thirty (30) days to April 16, 2025, or as soon thereafter as may be convenient for

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the Court.

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Dated: March 5, 2025

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Richard H. Rahm
Richard H. Rahm
Timothy L. Reed
Ethan Lai

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Attorneys for Defendants Cargill Meat
Solutions Corporation, Cargill, Incorporated

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Dated: March 5, 2025

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MARLIN & SALTZMAN, LLP
By: /s/ Cody R. Kennedy
Cody R. Kennedy

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Attorneys for Plaintiffs
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Signature Certification
Pursuant to Civil L.R. 5-1(i), I hereby certify that the content of this document is acceptable to
Richard H. Rahm, Esq., counsel for Defendants, and that I have obtained Mr. Rahm’s authorization to
affix his signature to this document.

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Respectfully submitted,

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Dated: March 5, 2025
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/s/ Cody R. Kennedy
Cody R. Kennedy

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-3JOINT STIP TO CONTINUE DEADLINE TO FILE SUPPLEMENTAL BRIEFING
CASE NO. 1:18-CV-00792-KES-SKO

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ORDER

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In view of the parties’ foregoing stipulation (Dkt. 109), and good cause having been shown

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(see Fed. R. Civ. P. 16(b)(4)), the Court hereby continues the prior deadline to file Plaintiff’s

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Supplemental Briefing ISO Motion for Certification of Settlement Class and Preliminary Approval of

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Class Action Settlement (Doc. 107) by thirty (30) days to April 4, 2025, and continues the hearing on

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Plaintiff’s Motion to April 21, 2025, at 1:30 p.m. in Courtroom 6.

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IT IS SO ORDERED.
Dated:

March 6, 2025
UNITED STATES DISTRICT JUDGE

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-4JOINT STIP TO CONTINUE DEADLINE TO FILE SUPPLEMENTAL BRIEFING
CASE NO. 1:18-CV-00792-KES-SKO