De Leon et al v. Burkett's Pool Plastering, Inc. et al
Filing
100
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/12/2015 ORDERING that all proceedings in this matter continue to be STAYED. The parties shall file a stipulation to dismiss the action by 5/30/2015. (Zignago, K.)
1 Mark H. Van Brussel, State Bar No. 80777
mvanbrussel@cdflaborlaw.com
2 Jeremy T. Naftel, State Bar No. 185215
jnaftel@cdflaborlaw.com
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue
4 Suite 200
Sacramento, California 95825
5 Telephone: (916) 361-0991
Facsimile: (916) 570-1958
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Attorneys for Defendants
7 BURKETT’S POOL PLASTERING, INC.,
ROBERT BURKETT and MATTHEW
8 WINDORSKI
9 Stan S. Mallison, State Bar No. 184191
MALLISON & MARTINEZ
10 1939 Harrison Street, Suite 730
Oakland, California 94549
11 Telephone: 510-832-9999
Facsimile: 510-832-1101
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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17 JESUS DE LEON, JOSE DE JESUS
URZUA, RUBEN GALLO, RUBEN
18 GALLO, JR., JUAN MANUEL GALLO,
CRECENSIO SANCHEZ, ALEJANDRO
19 ROMO MORALES, JOSE ROBERTO
SANTOS CASTRO, VICENTE SANTOS
20 CASTRO, RICARDO TRUJILLO, LUIS
GALLO, and MELKISEDEC BARRERA,
21 on behalf of all similarly situated
individuals,
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Plaintiffs,
vs.
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24 BURKETT’S POOL PLASTERING,
INC., ROBERT BURKETT, and
25 MATTHEW WINDORSKI,
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Defendants.
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Case No. 2:12-CV-02740-TLN-EFB
FURTHER STIPULATION TO
STAY ACTION; ORDER
Action Filed: November 6, 2012
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STIPULATION TO STAY ACTION; ORDER
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RECITALS
A.
This matter is set to begin trial on August 31, 2015, with a Final Pretrial
3 Conference set for June 18, 2015.
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B.
Plaintiffs and Defendants (“the parties”) filed cross motions for partial
5 summary judgment scheduled to be heard on May 7, 2015.
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C.
The parties have participated in mediation and have reached a settlement
7 of all claims and issues presented by the above-titled lawsuit.
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D.
The parties wish to stay all proceedings in this matter pending the
9 finalization of their settlement in writing in order to avoid spending the Court’s time
10 and their own on motions, hearings and deadlines that will be rendered moot once the
11 settlement is consummated. The court previously took the parties’ cross motions for
12 partial summary judgment, set for May 7, 2015 hearing, off calendar and ordered this
13 case stayed until May 13, 2015 (Doc. 98).
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E.
Additional time is needed to complete the settlement given the multitude
15 of parties and complexity of issues.
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STIPULATION
NOW, THEREFORE, in consideration of the foregoing, the parties hereby
18 stipulate to the following:
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1.
That all proceedings in this matter shall continue to be stayed;
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2.
That the parties will devote their efforts to finalizing settlement;
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3.
That the parties’ cross motions for partial summary judgment will
22 remain off calendar;
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4.
That the parties shall finalize their settlement and shall, by May 30,
24 2015, file with the Court a stipulation to dismiss the action;
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5.
That if the parties do not, by May 30, 2015, file a stipulation of
26 dismissal or a stipulation for further extension of the stay, then the Court may lift the
27 stay and restore the matter to the status quo ante;
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STIPULATION TO STAY ACTION;] ORDER
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6.
That if the stay is lifted, the parties’ cross motions for partial summary
2 judgment shall be restored to the Court’s calendar and set for hearing for a date in
3 mid to late June 2015.
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7.
That Defendants preserve all objections to the timeliness of Plaintiffs’
5 motion for partial summary judgment and to the timeliness of Plaintiffs’ opposition
6 to Defendants’ motion for partial summary judgment.
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9 Dated: May 11, 2015
CAROTHERS DISANTE & FREUDENBERGER
LLP
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By:
/s/Mark H. Van Brussel
Mark H. Van Brussel
Attorneys for Defendants
BURKETT’S POOL PLASTERING, INC.,
ROBERT BURKETT and MATTHEW
WINDORSKI
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Dated: May 11, 2015
MALLISON & MARTINEZ
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By:
/s/Stan S. Mallison
Stan S. Mallison
Attorneys for Plaintiffs
JESUS DE LEON, et al.
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IT IS SO ORDERED
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Dated: May 12, 2015
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Troy L. Nunley
United States District Judge
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STIPULATION TO STAY ACTION;] ORDER
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