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)

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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
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: [phone]
Facsimile: 619-234-7831
[e-mail]
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 [phone], 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

[e-mail] 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