Tavares v. Cargill, Incorporated et al

Filing 44

JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER, signed by Magistrate Judge Sheila K. Oberto on 2/17/2021. Scheduling Conference currently set for 9/2/2021 is ADVANCED to 8/26/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Kusamura, W)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MARLIN & SALTZMAN, LLP Stanley D. Saltzman, Esq. (SBN 90058) Cody R. Kennedy, Esq. (SBN 296061) 29800 Agoura Road, Suite 210 Agoura Hills, CA 91301 Telephone: (818) 991-8080 Facsimile: (818) 991-8081 ssaltzman@marlinsaltzman.com ckennedy@marlinsaltzman.com Attorneys for Plaintiff MARIBEL TAVARES, et al. COZEN O’CONNOR Jason E. Barsanti (SBN 235807) 501 W. Broadway, Suite 1610 San Diego, CA 92101 Telephone: 619-234-1700 Facsimile: 619-234-7831 jbarsanti@cozen.com Attorneys for Defendants CARGILL MEAT SOLUTIONS CORP. and CARGILL, INCORPORATED UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION 16 17 18 19 20 21 22 23 24 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, ) ) ) ) ) ) Plaintiff, ) ) v. ) CARGILL INCORPORATED, an unknown ) business entity; CARGILL MEAT SOLUTIONS ) CORP, an unknown business entity; and DOES 1 ) through 100, inclusive, ) ) Defendants. CASE NO.: 1:18-CV-00792-DAD-SKO JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER (Doc. 43) Magistrate: Sheila K. Oberto Judge: Dale A. Drozd Complaint Filed: Removed: First Amended Complaint Filed: April 20, 2018 June 8, 2018 July 12, 2018 25 26 27 28 JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER CASE NO. 1:18-CV-00792-DAD-SKO 1 Plaintiff Maribel Tavares (“Plaintiff”) and Defendants Cargill Meat Solutions, Corp. 2 (“CMSC”) and Cargill, Inc. (“Cargill”) (collectively, the “Parties”), by and through their attorneys of 3 record in this case, stipulate and agree as follows: 4 5 6 7 8 9 WHEREAS, on October 22, 2019, the Court entered an order setting forth various deadlines regarding Plaintiff’s Class Certification Briefing and related discovery. WHEREAS, during October of 2019, the Parties also began to meet and confer regarding potential mediation and resolution of this matter. WHEREAS, on February 4, 2020, this Court issued a “Standing Order In Light Of Ongoing Judicial Emergency in The Eastern District Of California” to advise litigants and their counsel of 10 several ongoing temporary procedures put in place to help ease the burdens created by the 11 unprecedented caseload of the six presiding California Eastern District Judges. These temporary 12 procedures created a substantial impact on the instant litigation, including discovery, law and motion 13 matters, and eventual trial. As recognized by the Court, “[t]he emergency procedures announced […] 14 are being implemented reluctantly. They are not, in the undersigned's view, conducive to the fair 15 administration of justice. However, the court has been placed in an untenable position in which it 16 simply has no choice.” 17 WHEREAS, the novel COVID-19 virus, began to spread within the United States during this 18 same timeframe and has continued to have a substantial impact on litigation by adding extraordinary 19 burdens and safety concerns when preparing cases for trial. 20 WHEREAS, throughout these unprecedented developments, the Parties reached an 21 agreement to mediate the matter; however, a mutually agreeable mediator and mediation date had 22 not been selected at that time. The Parties also met and conferred regarding the impact of current 23 events upon the pending discovery and class certification briefing. 24 WHEREAS, on May 22, 2020, the Court continued all class certification and discovery 25 deadlines in light of the Parties reaching a joint agreement to attend private mediation, setting a new 26 schedule. 27 28 WHEREAS, the Parties were unable to complete mediation within the timeline originally planned due to various complications including the separation of Counsel Tina A. Syring-Petrocchi -2JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER CASE NO. 1:18-CV-00792-DAD-SKO 1 from Cozen O’Connor, the primary attorney who had been handling mediation meet and confer 2 efforts on behalf of Defendants, and various scheduling and logistical difficulties arising from the 3 COVID-19 pandemic. 4 WHEREAS, the Parties have resumed their meet and confer efforts and were able to secure a 5 mediation date with esteemed mediator Hon. Carl West (Ret.), on July 26, 2021. The Parties have 6 confirmed that this is the earliest mediation date available that is available and feasible for all Parties 7 involved. 8 9 WHEREAS, the Parties recognize that, if a settlement is eventually reached, it would have a substantial positive impact on this Court’s caseload, and would serve to avoid the multitude of 10 contemplated burdens faced by both Parties in preparing this putative class action, encompassing 11 several thousand employees, for trial in the midst of a pandemic. 12 WHEREAS, upon Court approval, the Parties have reached a joint agreement to vacate the 13 currently set scheduling Order (Dkt. No. 42) and to set a joint scheduling conference approximately 14 one-month following the pending mediation session (i.e. August 26, 2021, or as soon after as 15 convenient for the Court) in order to allow for post-mediation negotiations if necessary. 16 WHEREAS, if mediation is successful, the Parties will submit a proposed briefing schedule 17 for the settlement approval and notice process. If mediation is unsuccessful, the Parties will submit a 18 newly proposed briefing schedule re-setting discovery and class certification deadlines to allow 19 further time for the Parties to conduct formal discovery and prepare their respective briefing re Class 20 Certification. 21 IT IS HEREBY STIPULATED, pending this Court’s approval, that the currently set 22 scheduling Order (Dkt. No. 42) shall be vacated, and a joint scheduling conference shall be set 23 August 26, 2021 (one-month post-mediation), or as soon after as may be convenient for the Court. 24 25 26 (signatures on next page) 27 28 -3JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER CASE NO. 1:18-CV-00792-DAD-SKO 1 Dated: February 17, 2021 2 COZEN O’CONNOR By: /s/ Jason Barsanti Jason Barsanti Attorneys for Defendants Cargill Meat Solutions Corporation Cargill, Incorporated 3 4 5 6 Dated: February 17, 2021 MARLIN & SALTZMAN By: /s/ Cody R. Kennedy Stanley D. Saltzman Cody R. Kennedy Attorneys for Plaintiffs 7 8 9 10 11 12 13 14 15 16 Signature Certification Pursuant to Civil L.R. 5-1(i), I hereby certify that the content of this document is acceptable to Jason Barsanti, Esq., counsel for Defendants, and that I have obtained Mr. Barsanti’s authorization to affix his signature to this document. 17 Respectfully submitted, 18 19 Dated: February 17, 2021 /s/ Cody R. Kennedy Cody R. Kennedy 20 21 22 23 24 25 26 27 28 -4JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER CASE NO. 1:18-CV-00792-DAD-SKO 1 ORDER 2 Upon review of the parties’ above stipulation (Doc. 43), and good cause appearing, it is 3 hereby ORDERED as follows: 4 1. The Scheduling Order (Doc. 42) is VACATED; and 5 2. The status conference to set further scheduling dates, currently set for September 2, 6 2021, is ADVANCED to August 26, 2021, at 9:30 a.m. in Courtroom 7 before 7 Magistrate Judge Oberto. Telephonic appearances are approved; all parties appearing 8 telephonically shall call (888) 557-8511, access code 6208204# at the date and time for 9 the conference. By no later than August 19, 2021, the parties shall file and email to 10 skoorders@caed.uscourts.gov in MS Word format a report providing (a) a proposed 11 schedule for class certification motion briefing and (b) an updated status of the case. 12 13 14 15 IT IS SO ORDERED. Dated: February 18, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -5JOINT STIPULATION TO VACATE BRIEFING SCHEDULE PENDING MEDIATION; ORDER CASE NO. 1:18-CV-00792-DAD-SKO

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