Bowles v. Leprino Foods Company et al

Filing 24

STIPULATION and ORDER to Continue Scheduling Conference signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2019. Initial Scheduling Conference set for 11/13/2019 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E)

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James R. Hawkins, Esq. SBN 192925
[e-mail]
Isandra Fernandez, Esq. SBN 220482
[e-mail]
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
TEL: [phone]
FAX: [phone]
Attorneys for Plaintiff, STEVEN D. BOWLES
on behalf of himself and all others similarly situated

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Lisa M. Pooley, Esq. SBN 168737
[e-mail]
HANSON BRIDGETT LLP
425 Market St., 26th Floor
San Francisco, CA 94105
TEL: [phone]
FAX: [phone]
Attorneys for Defendants, LEPRINO FOODS COMPANY
LEPRINO FOODS DAIRY PRODUCTS COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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STEVEN D. BOWLES on behalf of himself
and all others similarly situated,

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Plaintiff,
vs.
LEPRINO FOODS COMPANY, a Colorado
corporation, LEPRINO FOODS DAIRY
PRODUCTS COMPANY, a Colorado
corporation and DOES 1 through 50, inclusive,

Case No. 1:19-cv-00635-AWI-BAM
STIPULATION TO REQUEST
CONTINUANCE OF MANDATORY
SCHEDULING CONFERENCE AND
ORDER
Courtroom: 8
Magistrate Judge: Hon. Barbara A. McAuliffe

Defendants.

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STIPULATION TO REQUEST CONTINUANCE OF
INITIAL SCHEDULING CONFERENCE
15918721.1

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Plaintiff Steven D. Bowles (“Plaintiff”) and Defendants Leprino Foods Company and Leprino

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Foods Dairy Products Company (collectively “Defendants”), by and through their respective counsel

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of record, hereby respectfully submit this stipulation to request continuance of the initial scheduling

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conference, currently calendared for October 16, 2019, to November 13, 2019. This stipulation is

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based on the following:
1.

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On February 26, 2019, Plaintiff filed this wage and hour class action lawsuit on behalf

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of himself and all current and former employees of Defendants. Plaintiff’s Complaint was filed in

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King County Superior Court, and the action was removed to this Court on May 9, 2019.

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2.

Defendants are parties to several first-filed, pending class actions involving the same or

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similar wage and hour claims asserted in this action, including: Finder v. Leprino Foods Co., et al.

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("Finder"), Talavera v. Leprino Foods Co., et al. ("Talavera"), Perez v. Leprino Foods Co., et al.

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("Perez"), Vazquez v. Leprino Foods Co., et al. ("Vazquez"), Howell v. Leprino Foods Co., et al.

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("Howell"), and Null v. Leprino Foods Co., et al. ("Null").

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3.

On June 27, 2019, Defendants filed a Motion for Judgment on the Pleadings to

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request that the Court dismiss or stay this action based on the previously filed class actions. The

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hearing was set for July 29, 2019 at 1:30 p.m. before Judge Anthony W. Ishii. Thereafter, by

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stipulation of the parties, the hearing on Defendants’ Motion for Judgment on the Pleadings was

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continued to September 16, 2019.

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4.

On August 12, 2019, the parties agreed to and filed a Stipulation and Joint Motion to

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Stay Action Pending Resolution of the First-Filed Class Actions and to withdraw Defendants’

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Motion for Judgement on the Pleadings. On September 11, 2019, Judge Ishii issued an order denying

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the parties' request to stay this lawsuit, without prejudice.

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5.

In light of the foregoing, the parties are considering how to proceed with this

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litigation, including, but not limited to, possibly seeking to consolidate this action with one or more

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of the related cases. As such, the parties need additional time before they can effectively address the

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subjects required by Rule 26(f), the local rules, and this Court's Order Setting Mandatory Scheduling

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Conference.

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For the foregoing reasons and in order to preserve judicial economy, the parties stipulate to
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STIPULATION TO REQUEST CONTINUANCE OF
INITIAL SCHEDULING CONFERENCE
15918721.1

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continue the October 16, 2019 Initial Scheduling Conference to November 13, 2019.

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IT IS SO STIPULATED.

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Dated: October 9, 2019

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JAMES HAWKINS APLC

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By: /s /Isandra Y. Fernandez______
Isandra Y. Fernandez

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Attorneys for Plaintiff, STEVEN D. BOWLES
on behalf of himself and all others similarly situated

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Dated: October 9, 2019
HANSON BRIDGETT LLP

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By: /s/ Lisa M. Pooley_________
Lisa M. Pooley
Attorneys for Defendants LEPRINO FOODS
COMPANY and LEPRINO FOODS DAIRY
PRODUCTS COMPANY

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STIPULATION TO REQUEST CONTINUANCE OF
INITIAL SCHEDULING CONFERENCE
15918721.1

CERTIFICATE OF SERVICE

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I hereby certify that on October 9, 2019 I electronically filed the

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foregoing with the Clerk of the Court for the U.S. District Court, for the Eastern

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District of California using the CM/ECF system. All participants are registered

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CM/ECF users, and will be served by the CM/ECF system.

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Dated: October 9, 2019

/s/ Isandra Y. Fernandez
Isandra Y. Fernandez

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STIPULATION TO REQUEST CONTINUANCE OF
INITIAL SCHEDULING CONFERENCE
15918721.1

ORDER

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Pursuant to the stipulation of the Parties, and for good cause shown, the Initial Scheduling

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Conference currently set for October 16, 2019, is HEREBY CONTINUED to November 13, 2019 at

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9:30 AM in Courtroom 8 (BAM) before the undersigned. A joint scheduling report shall be filed,

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and a copy shall be emailed, in Word format, to [e-mail], one week prior to the

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scheduling conference. The parties may appear at the conference by telephone with each party using

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the following dial-in number and access code: dial-in 1-877-411-9748; access code 3190866.

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IT IS SO ORDERED.
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Dated:

/s/ Barbara

October 10, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REQUEST CONTINUANCE OF
INITIAL SCHEDULING CONFERENCE
15918721.1