Alvarado et al v. Nederend et al
Filing
34
THIRD STIPULATION and ORDER To Stay Action Pending Mediation, signed by Judge Oliver W. Wanger on 5/13/2010. (Action stayed for purpose of mediation. Time for Defendants to file Answer to the January 19, 2010, Amended Complaint is extended to 7/16/2010, Scheduling Conference set 5/20/2010 is VACATED.) (Gaumnitz, R)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Carl R. Samuel, SBN # 064941 Peter F. Samuel, SBN # 072503 SAMUEL & SAMUEL 5050 Sunrise Boulevard, Suite C-1 Fair Oaks, CA 95628 Telephone: (916) 966-4722 Facsimile: (916) 962-2219 Michael S. Helsley, SBN# 199103 JONES HELSLEY PC 8365 North Fresno Street, Third Floor, # 310 PO Box 28340 Fresno, CA 93729 Telephone: (559) 233-4800 Facsimile: (559) 233-9330
Attorneys For Defendants, REX NEDEREND, SHERI NEDEREND DBA "NORTHSTAR DAIRY", "WILDWOOD FARMS" AND "FREEWAY ASSOCIATES"
Stanley S. Mallison, SBN# 184191 Marco A. Palau, SBN# 242340 MALLISON AND MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94612 Telephone: (510) 832-9999 Facsimile: (510) 832-1101
Attorneys for Plaintiffs, OCTAVIO ALVARADO, PABLO MARTINEZ, OMAR GOMEZ, DANIEL GOMEZ, JOSE DE JESUS GARCIA, on behalf of themselves and all other similarly situated individuals IN THE UNITED STATED DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA-FRESNO DIVISION
OCTAVIO ALVARADO, PABLO MARTINEZ, OMAR GOMEZ, DANIEL GOMEZ, JOSE DE JESUS GARCIA, on behalf of themselves and all other similarly situated individuals Plaintiffs, v. REX NEDEREND and SHERI NEDEREND (dba "Northstar Dairy", "Wildwood Farms" "Freeway Associates") Defendants.
{5615/011/00250435.DOC}
Case No: 1:08 CV-01099- 0WW-SMS THIRD STIPULATION AND ORDER TO STAY ACTION PENDING MEDIATION
Judge: The Honorable Oliver W. Wanger
1 Third Stipulation and Order To Stay Action Pending Mediation
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION Plaintiffs Octavio Alvarado, Pablo Martinez, Omar Gomez, Daniel Gomez and Jose de Jesus Garcia ("Plaintiffs"), and Defendants Rex and Sheri Nederend ("Defendants"), by and through their undersigned counsel, hereby stipulate and agree as follows: 1. On February 5, 2010, this Court granted a Second Stipulation, and ordered
that this action be stayed for 90 days from the signed order for purposes of completing mediation; that Defendants shall make best efforts to produce, at least 30 days before mediation, a database in native form containing time and payroll information of putative class members; that the database shall be subject to the Protective Order in place in this case; and that the time for Plaintiffs to file an amended complaint was extended until 20 days after the stay expired. A true and correct copy of the February 5, 2010, Second Stipulation Stay Pending Mediation and Order ("Stipulation") is attached hereto as Exhibit "A". 2. Since the Second Stipulation, Defendants provided to Plaintiffs the payroll
information pursuant to the Second Stipulation. In addition, a mediation date has been set for July 6, 2010, with Retired Judge Raul A. Ramirez, which is the earliest date that is available for Judge Ramirez and the Parties. 3. 4. On January 19, 2010, Plaintiffs filed an Amended Complaint. The Parties to the action desire to mediate the matter on July 6, 2010, and
stay the action in accordance to this Third Stipulation in an effort to resolve the case. 5. As such, the Parties to the action will mediate the case on July 6, 2010,
and agree to stay the case for 10 calendar days after the mediation date. 6. The time for Defendants to file an Answer to the January 19, 2010
Amended Complaint is extended until 10 days after the stay expires. // // // // // // // // // // // // // // // // // //
{5615/011/00250435.DOC}
2 Third Stipulation and Order To Stay Action Pending Mediation
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
7.
In addition, based upon this Third Stipulation, the date to which the Joint
Scheduling Conference Statement is to be filed by the Parties on May 13, 2010, is also vacated. DATED: May 11, 2010 JONES HELSLEY PC
By:__/s/ Michael S. Helsley _________________ MICHAEL S. HELSLEY, Attorneys for Defendants,Rex Nederend, Sheri Nederend dba "Northstar Dairy", "Wildwood Farms" and "Freeway Associates DATED: May 11, 2010
SAMUEL & SAMUEL By: __/s/ Carl R. Samuel _____________________ CARL R. SAMUEL, Attorneys for Defendants, Rex Nederend, Sheri Nederend dba "Northstar Dairy", "Wildwood Farms" and "Freeway Associates
DATED: May 12, 2010
MALLISON & MARTINEZ By: __/s/ Stan S. Mallison____________________ STAN S. MALLISON, Attorney for Plaintiffs, Octavio Alvarado, Pablo Martinez, Omar Gomez, Daniel Gomez, Jose de Jesus Garcia, on behalf of themselves and all other similarly situated individuals
{5615/011/00250435.DOC}
3 Third Stipulation and Order To Stay Action Pending Mediation
1 2 3 4 5 6 7 8 9 10 11
DEAC_Signature-END:
PURSUANT TO STIPULATION, IT IS SO ORDERED: 1. 2. This action is stayed for purposes of completing mediation. The time for Defendants to file an Answer to the January 19, 2010,
Amended Complaint is extended until 10 days after the July 6, 2010, mediation date. 3. In addition, the date to which the Joint Scheduling Conference Statement
is to be filed by the Parties on May 13, 2010, is also vacated.
IT IS SO ORDERED. Dated:
emm0d64h
May 13, 2010
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
{5615/011/00250435.DOC}
4 Third Stipulation and Order To Stay Action Pending Mediation
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
