Rodriguez v. RCO Reforesting, Inc. et al.

Filing 48

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/6/2017 ORDERING that the FLSA collective action opt-in period is EXTENDED to 4/9/2018 to allow plaintiffs additional time to locate class members. All case deadlines listed in the [4 2] Order are EXTENDED to months: Designation of Expert Witnesses deadline CONTINUED to 3/30/2018; Discovery deadline CONTINUED to 6/4/2018; Motions deadline CONTINUED to 6/18/2018; Final Pretrial Conference CONTINUED to 9/24/2018 at 01:30 PM in Cour troom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial CONTINUED to 12/4/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Additionally, the parties agree that the statute of limitations applicable to potential opt-in class members' FLSA claims shall be tolled from 8/8/2017 through 10/9/2017. (Washington, S)

1
2
3
4
5
6
7
8
9
10
11
12

Laura Clauson Ferree (SBN 258127)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
511 D Street
Marysville, CA 95901
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Cynthia L. Rice (SBN 87630)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
1430 Franklin St., Suite 103
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Javier J. Castro (SBN 306294)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
145 East Weber Avenue
Stockton, CA 95202
Telephone: [phone]
Facsimile: [phone]
[e-mail]

13
14

Additional Plaintiffs’ Counsel listed on page 2
Attorneys for Plaintiffs

15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18

JESUS SILVA RODRIGUEZ &
RIGOBERTO ZEPEDA LOA,

19

CASE NO.: 2:16-cv-02523-WBS-CMK

20

v.

STIPULATION & [PROPOSED] ORDER
RE COLLECTIVE ACTION NOTICE
PERIOD AND TOLLING OF FLSA
STATUTE OF LIMITATIONS

21

RCO REFORESTING, INC. &
ROBERTO OCHOA,

Hon. William B. Shubb

Plaintiffs,

22
Defendants.
23
24
25
26
27
28
STIPULATION & [PROPOSED] ORDER
CASE NO.: 2:16-CV-02523-WBS-CMK

PAGE 1

1
2
3
4
5
6
7
8

Elizabeth D. Mauldin (SBN 266905)
CENTRO DE LOS DERECHOS DEL MIGRANTE, INC.
10 E. North Avenue, #9
Baltimore, Maryland 21202
Tel: [phone]
Fax: [phone]
[e-mail]
Benjamin R. Botts (SBN 274542)
CENTRO DE LOS DERECHOS DEL MIGRANTE, INC.
Nuevo León 159, Int. 101
Col. Hipódromo, Del. Cuauhtémoc
C.P. 06100 Ciudad de México, D.F., MEXICO
Telephone: [phone]
Facsimile: [phone]
[e-mail]

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

On August 8, 2017, the Court ordered Defendants to produce to Plaintiffs the names,
addresses, and telephone numbers of potential class members within fourteen days. Defendants
made an initial production of employee names and contact information to Plaintiffs on August
23, 2013. Dkt. No. 42. This production, however, did not include contact information for most
of the employees listed. Defendants made additional productions of contact information on
August 31 and September 7, 2017. Defendants to date, however, have not produced any contact
information for numerous employees; and for most employees, Defendants have not provided an
address other than the employee’s Mexican state of residence.
Accordingly, the parties agree that the FLSA collective action opt-in period set by the
Court to expire six months after its August 8, 2017 order (i.e., by February 8, 2018) shall be
extended two months, until April 9, 2018 to allow plaintiffs additional time to locate class
members. See, e.g., Ott v. Publix Super Mkts., Inc., 298 F.R.D. 550, 558 (M.D. Tenn.
2014) (extending opt-in period after many of class notices were returned to plaintiffs’ counsel as
undeliverable). All case deadlines listed in the Court’s order of August 8, 2017 (Dkt. No. 42 at
12) shall be extended two months, as follows:
Expert Reports are due March 30, 2018;
All discovery closes June 4, 2018;
All motions shall be filed by June 18, 2018;

28
STIPULATION & [PROPOSED] ORDER
CASE NO.: 2:16-CV-02523-WBS-CMK

PAGE 2

1
2
3
4
5
6
7
8
9

The Final Pretrial Conference is reset for September 24, 2018, at 1:30 p.m.
The jury trial is reset for December 4, 2018, at 9:00 a.m.
Additionally, the parties agree that the statute of limitations under 29 U.S.C. § 255(a)
applicable to potential opt-in class members’ FLSA claims shall be tolled from August 8, 2017
(the date the Court ordered production of the class list) through October 9, 2017. See, e.g.,
Adams v. Inter-Con Sec. Sys., 242 F.R.D. 530, 542 (N.D. Cal. 2007) (equitably tolling FLSA
statute of limitations until Defendants provided complete class list). The parties agree that the
time period between these dates shall not be considered in determining whether opt-in class
members’ FLSA claims are time barred.

10
11

Approved:

12
CENTRO DE LOS DERECHOS DEL MIGRANTE, INC.
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.

13
14
15

Dated: 10/4/2017

16

By:
/s/
Benjamin R. Botts
Attorneys for Plaintiffs

17
18

PALMER KAZANJIAN WOHL HODSON LLP

19
20

Dated: 10/4/2017

21

By:
/s/
Eric Witt
Attorneys for Defendants

22
23

Pursuant to stipulation, IT IS SO ORDERED.

24

Dated: October 6, 2017

25
26
27
28
STIPULATION & [PROPOSED] ORDER
CASE NO.: 2:16-CV-02523-WBS-CMK

PAGE 3