Agustin Benitez et al v. Western Milling, LLC et al

Filing 32

STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT; ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT, signed by Magistrate Judge Sheila K. Oberto on 10/8/2019. (Kusamura, W)

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Mark D. Kruthers #179750
William H. Littlewood #202877
G. Andrew Slater #238126
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
PERFECTION PET FOODS, LLC

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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AGUSTIN BENITEZ, CARLOS
MORALES, and STEVEN VILLARREAL,
on behalf of themselves and all others
similarly situated,

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Plaintiffs,
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Case No. 1:18-cv-01484-DAD-SKO
STIPULATION FOR EXTENSION OF
TIME TO RESPOND TO AMENDED
COMPLAINT; ORDER EXTENDING
DEADLINE TO RESPOND TO
AMENDED COMPLAINT

v.
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WESTERN MILLING, LLC,KRUSE
INVESTMENT COMPANY, INC., and
PERFECTION PET FOODS, LLC

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Defendants.

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT; ORDER
EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT

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STIPULATION

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Plaintiffs AGUSTIN BENITEZ, CARLOS MORALES, and STEVEN VILLARREAL,

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on behalf of themselves and all others similarly situated (collectively “Plaintiffs”), and Defendants

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WESTERN MILLING, LLC (“WESTERN”), KRUSE INVESTMENT COMPANY, INC.

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(“KRUSE”), and PERFECTION PET FOODS, LLC (“PPF”) (collectively “Defendants”)

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(together, the “Parties”) stipulate and agree to extend the deadline for Defendants to respond to the

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Amended Complaint filed in the above-captioned action, as set forth below, and respectfully

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request that the above-entitled Court issue an order approving the terms of this Stipulation. As

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discussed in more detail below, the Stipulation and requested order are necessary so as to allow the

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Parties time to finalize and obtain the Court’s approval of the settlement of the above-captioned

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action.

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A.

RECITALS
1.

Plaintiffs initiated this matter against WESTERN and KRUSE on or about

October 25, 2018.
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WESTERN and KRUSE filed a response to Plaintiffs’ Complaint on or

about December 6, 2018.
3.

In February of 2019, Plaintiffs, WESTERN, and KRUSE agreed to stay

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the above-captioned action while attempts were made to settle the above-captioned action along

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with a related matter involving PPF that was in arbitration.

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4.

By way of mediation, the Parties reached a class-wide settlement which

will, if approved by the Court, resolve this action as well as the claims previously pending against
PPF in arbitration.
5.

As part of the settlement, PPF agreed to waive its right to have the claims

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asserted against it by Plaintiffs resolved through arbitration and stipulated to being added as a

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defendant in the above-captioned action so as to allow all pending claims against Defendants to

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be resolved by this Court.

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6.

In connection with the settlement, Plaintiffs filed an Amended Complaint

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT; ORDER
EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT

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on or about September 19, 2019 adding PPF as a named defendant and asserting certain additional

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claims against PPF.

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7.

As referenced above, the Parties have reached a class-wide settlement

which will, if approved by the Court, resolve the above-captioned action in its entirety.

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8.

The Parties are in the process of preparing the settlement papers and

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contemplate that Plaintiff will file an unopposed motion seeking preliminary approval of the

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settlement, within the next thirty (30) calendar days.

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B.

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Based on the fact that a settlement has been reached, and in order to allow the Parties time

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TERMS OF STIPULATION

to secure the required Court approval of said settlement, the Parties agree to the following:

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1.

Defendants’ deadline to file and serve a response to the Amended

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Complaint shall be continued to the date that is fourteen (14) calendar days from the date of filing

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and service of any order by the Court denying preliminary or final approval of the settlement.

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2.

Defendants will not be required to file any response to the Amended

Complaint if the Court grants final approval of the settlement.

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3.

Nothing herein is intended to prevent the Parties from modifying the above

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Stipulation and, with Court approval, further altering the basis for determining Defendants’ deadline

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to file and serve a response to the Amended Complaint.

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IT IS SO STIPULATED.
Dated:

October 7, 2019

DOWLING AARON INCORPORATED

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By:

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///

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///

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/s/ Mark D. Kruthers
Mark D. Kruthers
William H. Littlewood
G. Andrew Slater
Attorney for Defendant
PERFECTION PET FOODS

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT; ORDER
EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT

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Dated:

October 7, 2019

HOYER & HICKS

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By:

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/s/ Ryan Hicks (as authorized on October 7, 2019)

Ryan Hicks
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Attorneys for Plaintiffs AGUSTIN BENITEZ,
CARLOS MORALES, and STEVEN VILLARREAL

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Dated:

October 7, 2019

SAGASER, WATKINS & WIELAND, PC

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By:

/s/ Ian Wieland (as authorized on October 7, 2019)

Ian Wieland
Attorneys for Defendants WESTERN MILLING,
LLC and KRUSE INVESTMENT COMPANY, INC.

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT; ORDER
EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT

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ORDER

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Pursuant to the parties’ above stipulation, (Doc. 31), and for good cause shown, it is

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ORDERED:

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1.

Defendants’ deadline to file and serve a response to the Amended Complaint is

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continued to the date that is fourteen (14) calendar days from the date of filing and service of any

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order by this Court denying preliminary or final approval of the settlement.

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2.

Defendants will not be required to file any response to the Amended Complaint if

the Court grants final approval of the settlement.

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IT IS SO ORDERED.

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Dated:

October 8, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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011072-000135-02743987-1

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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT; ORDER
EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT

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