De Leon et al v. Burkett's Pool Plastering, Inc. et al

Filing 102

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 6/2/2015 CONTINUING the stay in this matter; ORDERING the parties to finalize their settlement and file a stipulation for dismissal by 6/15/2015; INFORMING the parties that the Court may lift the stay and restore the matter to the status quo ante if a stipulation for dismissal or stipulation for further extension of the stay is not filed by 6/15/2015. (Michel, G.)

1 Mark H. Van Brussel, State Bar No. 80777
[e-mail]
2 Jeremy T. Naftel, State Bar No. 185215
[e-mail]
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue
4 Suite 200
Sacramento, California 95825
5 Telephone: [phone]
Facsimile: [phone]
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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: [phone]
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.

The parties stipulated to extending the stay and the date by which the

15 parties must file a stipulation of dismissal on May 11, 2015 and the Court granted the
16 request on May 13, 2015 (Doc. 100).
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F.

The parties are in the final stages of the settlement terms to a written

18 settlement agreement and require additional time to complete the settlement.
19 Obtaining and reviewing the data needed to calculate the pro rata shares of the
20 settlement for the 18 settling parties has taken longer than counsel initially expected,
21 but is now in the final stages.
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STIPULATION
NOW, THEREFORE, in consideration of the foregoing, the parties hereby

24 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

28 remain off calendar;
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STIPULATION TO STAY ACTION; ORDER

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4.

That the parties shall finalize their settlement and shall, by June 15,

2 2015, file with the Court a stipulation to dismiss the action;
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5.

That if the parties do not, by June 15, 2015, file a stipulation of

4 dismissal or a stipulation for further extension of the stay, then the Court may lift the
5 stay and restore the matter to the status quo ante;
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6.

That if the stay is lifted, the parties’ cross motions for partial summary

7 judgment shall be restored to the Court’s calendar and set for hearing for a date in
8 early to mid July 2015.
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7.

That Defendants preserve all objections to the timeliness of Plaintiffs’

10 motion for partial summary judgment and to the timeliness of Plaintiffs’ opposition
11 to Defendants’ motion for partial summary judgment.
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14 Dated: May 29, 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 29, 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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STIPULATION TO STAY ACTION; ORDER

1 IT IS SO ORDERED
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3 Dated: June 2, 2015
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Troy L. Nunley
United States District Judge

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STIPULATION TO STAY ACTION; ORDER