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16-2523 - Rodriguez v. RCO Reforesting, Inc. et al.


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16-2523 - Rodriguez v. RCO Reforesting, Inc. et al.
March 7, 2017
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ORDER signed by Magistrate Judge Craig M. Kellison on 3/7/17 ORDERING that Plaintiff's 13 Application to Proceed in District Court without Prepaying Fees or Costs is DENIED as unnecessary because plaintiff has paid the filing fees. (Kastilahn, A)
April 12, 2017
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ORDER signed by Senior Judge William B. Shubb on 4/12/2017 GRANTING 14 Plaintiff's Motion to Amend the Complaint. Plaintiff shall file the amended complaint attached as exhibit 1 to his 15 Motion within five days of the date this Order is signed. (Kirksey Smith, K)
June 16, 2017
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ORDER signed by Senior Judge William B. Shubb on 6/16/2017 re 26 Plaintiffs' Motion to Conditionally Certify Class: IT IS ORDERED that plaintiffs' Motion for conditional certification of this action as an FLSA collective action and issuance of notice to class members (Docket No. 26) be, and the same hereby is, DENIED WITHOUT PREJUDICE. Plaintiffs shall have fourteen days from the date this Order is signed to file an amended motion for conditional certification and facilitated notice. (Kirksey Smith, K)
June 19, 2017
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ORDER signed by Senior Judge William B. Shubb on 6/19/2017 DENYING 26 Plaintiffs' Motion to Amend the Scheduling Order. (Kirksey Smith, K)
July 26, 2017
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ORDER signed by Senior Judge William B. Shubb on 7/26/2017 ORDERING Plaintiffs file their Second Amended Complaint, a copy of which was filed with 37 Stipulation, within five (5) calendar days of the date this Order is filed. FURTHER ORDERING that Defendants' response shall be filed within fourteen (14) days after the Second Amended Complaint is filed. (Washington, S)
August 9, 2017
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filed by 4/16/2018; CONTINUING the Final Pretrial Conference to 7/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; CONTINUING the Jury Trial to 9/18/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Michel, G.)MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 8/8/2017 GRANTING 33 Motion to Certify Class; ORDERING that expert reports be produced by 1/30/2018; ORDERING that all discovery be completed by 4/2/2018; ORDERING that all motions be
August 18, 2017
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ORDER APPROVING 44 Notice of right to opt-in to lawsuit and consent to sue signed by Senior Judge William B. Shubb on 8/18/17. (Kaminski, H)
October 10, 2017
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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 42 Order are EXTENDED two 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 Courtroom 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) Modified on 10/11/2017 (Washington, S).
October 10, 2017
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STIPULATION and ORDER RE CORRECTION OF COLLECTIVE ACTION NOTICE signed by Senior Judge William B. Shubb on 10/6/17 ORDERING pursuant to stipulation, the concurrently filed corrected English and Spanish language class notices are hereby APPROVED. (Becknal, R)
January 5, 2018
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ORDER signed by Senior Judge William B. Shubb on 1/4/2018 ORDERING The cut-off date for the FLSA collective action opt-in period shall be EXTENDED from 4/9/2017 until 90 days before the trial date of 12/4/2018; Other case deadlines shall remain the same; however, the parties shall be permitted to conduct depositions of any employees who opt-in to the collective action after the discovery cutoff of 6/4/2018 until 60 days before trial, i.e., no later than 10/5/2018; Defendants shall provide a copy of the collective action Opt-In Notices to all 2018 H-2B employees at the time that they commence work for the 2018 season, which is currently expected to begin in late April 2018; Defendants further agree to contact Monarch Butterfly, Defendants' Mexico-based labor recruiter, and authorize in writing that Monarch Butterfly may speak with Plaintiffs' counsel regarding any potential H-2B workers who sought employment with Defendants between 5/5/2014 through the present; Defendants agree to send the written authorization to Monarch Butterfly no later than 1/8/2018 and will provide a copy of that authorization to Plaintiffs' counsel. (Reader, L)
February 13, 2018
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 2/13/2018. (Washington, S)
April 5, 2018
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STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 4/4/2018 MODIFYING the Scheduling Order as follows: Discovery due by 7/5/2018, Dispositive Motions filed by 7/19/2018; Defendants' response to Plaintiffs' Request for Production of Documents and Interrogatories EXTENDED to 06/18/2018. (Fabillaran, J)
May 1, 2018
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ORDER signed by Senior Judge William B. Shubb on 5/1/2018 re 54 Defendants' Motion to Withdraw as Attorney: Pursuant to the agreement of counsel, the court will not rule on the motion at this point and instead will drop this motion from the calendar and order this matter referred to a Magistrate Judge for settlement conference. The parties are hereby notified that a Settlement Conference is set before Magistrate Judge Edmund F. Brennan on 6/21/2018, at 10:00 AM in Courtroom 8 (EFB), 13th Floor. The firm will continue to act as counsel for defendants through the completion of the Settlement Conference, with no cost to defendants. If the parties are unable to settle, they may file a motion with this court to have the matter placed back on the calendar. At that point, if necessary, the court will deal with the Motion to Withdraw and any further discovery. In the meantime, all discovery is stayed pending further order of the court. (Kirksey Smith, K)
July 2, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 7/2/2018 DIRECTING the Clerk to remove the settlement conference statement from 61 Notice of Submission. (Donati, J)
July 11, 2018
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/10/18 ORDERING that the current non-expert discovery deadline is EXTENDED to 9/4/2018. The current Motions deadline is EXTENDED to 9/17/2018. The Final Pretrial Conference is CONTINUED to 10/22/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Mena-Sanchez, L)
July 11, 2018
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/11/18 ORDERING the Settlement Conference RESET to 7/24/18 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Becknal, R)
July 19, 2018
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STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 GRANTING request for telephonic appearance for attorney Benjamin R. Botts at the 7/24/2018 settlement conference. (Zignago, K.)
July 31, 2018
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STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 7/30/2018 ORDERING that the current non-expert discovery is EXTENDED to 10/1/2018. (Reader, L)
September 7, 2018
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 09/06/18 MODIFYING the Scheduling Order as follows: Discovery due by 12/3/2018; Dispositive Motions deadline 12/17/2018; Final Pretrial Conference set for 1/28/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial set for 4/2/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A.)
September 25, 2018
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 9/25/2018 ACCORDINGLY the matter is set for further settlement conference for 11/13/2018, at 10:00 AM; Defendant Ochoa is ORDERED to personally appear for that conference. Further, defendant Ochoa is ORDERED to show cause in writing no later than 11/2/2018, why monetary sanctions should not be imposed in the form of an order directing him to pay plaintiffs' attorneys fees incurred for their counsels' time and expenses that were wasted by their having to appear at the aborted conference on 9/25/2018. (Reader, L)
November 14, 2018
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/2018 IT IS SO ORDERED The terms of the settlement were placed on the record and the court directed counsel to file, within thirty days, a motion for entry of judgment and notice that motion for hearing before the assigned district judge. All hearing dates heretofore set in this matter are VACATED. (Reader, L)