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

Filing 98

STIPULATION and ORDER 97 to stay action signed by District Judge Troy L. Nunley on 5/1/2015. All proceeding in matter shall be STAYED effective 4/30/2015. Parties will devote their efforts to finalizing Settlement. Parties' Cross Motions for Partial Summary Judgment set for 5/7/2015 shall be TAKEN OFF calendar. (Marciel, M)

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
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”) have filed cross motions for

5 partial 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.
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STIPULATION
NOW, THEREFORE, in consideration of the foregoing, the parties hereby

14 stipulate to the following:
1.

That all proceedings in this matter shall be stayed, effective April 30,

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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, set for

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16 2015;

19 hearing on May 7, 2015, shall be taken off calendar;
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4.

That the parties shall finalize their settlement and shall, by May 13,

21 2015, file with the Court a stipulation to dismiss the action;
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5.

That if the parties do not, by May 13, 2015, file a stipulation of

23 dismissal or a stipulation for further extension of the stay, then the Court may lift the
24 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

26 judgment, currently set for May 7, 2015, shall be restored to the Court’s calendar and
27 set for hearing on June 04, 2015 at 2:00 p.m.
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1

STIPULATION TO STAY ACTION; ORDER

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7.

That Defendants preserve all objections to the timeliness of Plaintiffs’

2 motion for partial summary judgment and to the timeliness of Plaintiffs’ opposition
3 to Defendants’ motion for partial summary judgment.
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5 Dated: April 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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12 Dated: April 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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IT IS SO ORDERED

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22 Dated: May 1, 2015
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Troy L. Nunley
United States District Judge

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STIPULATION TO STAY ACTION; ORDER