Vasquez et al v. Leprino Foods Company et al
Plaintiff: Isaias Vasquez and Linda Hefke
Defendant: Leprino Foods Company and Leprino Foods Dairy Products Company
Case Number: 1:2017cv00796
Filed: June 12, 2017
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kings
Presiding Judge: Anthony W Ishii
Referring Judge: Barbara A McAuliffe
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2022 Opinion or Order Filing 260 NOTICE of Withdrawal of Individual Counsel by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
June 13, 2022 Opinion or Order Filing 259 JOINT STATUS REPORT by Linda Hefke, Isaias Vasquez. (Szeto, Kitty Kit)
May 2, 2022 Opinion or Order Filing 258 ORDER on #243 Defendants' Motion for Summary Judgment, signed by District Judge Anthony W. Ishii on 4/29/2022. The case is STAYED pending the California Supreme Court's decision in Naranjo v. Spectrum Security Services, Inc., Cal. S. Ct. Docket No. S258966. All currently set dates and deadlines, including the 6/7/2022 trial date, are VACATED. The parties are DIRECTED to file a joint status report within twenty-one (21) days of resolution of Naranjo by the California Supreme Court. (Rivera, O)
March 23, 2022 Opinion or Order Filing 257 MINUTE ORDER signed by District Judge Anthony W. Ishii on 3/23/2022: (Text Only Entry) ) The Court has deemed the MOTION FOR SUMMARY JUDGMENT, Doc. No. #243 and DAUBERT MOTION TO EXCLUDE, Doc. No. #244 , noticed for hearing on 3/28/2022, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the motions will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 3/23/2022.(Gonzales, V)
March 16, 2022 Opinion or Order Filing 256 MINUTE ORDER signed by District Judge Anthony W. Ishii on 3/16/2: (Text Only Entry) Currently pending before the Court is Defendants' Motion for Summary Judgment, Doc. No. #243 , Daubert Motion to Exclude, Doc. No. #244 , and Request for Status Conference, Doc. No. #255 . After consideration, the Court orders that the Pretrial Conference set for 4/6/2022 and the Pretrial Statement due date of 3/30/2022 be VACATED. Following the resolution of Defendant's Motion for Summary Judgment, Doc. No. #243 , and Daubert Motion to Exclude, Doc. No. #244 , the Court will issue additional information regarding the future Pretrial Conference date. Accordingly, Defendants' Request for Status Conference, Doc. No. #255 , is DENIED. Minute order signed by District Judge Anthony W. Ishii on 3/16/2022. (Gonzales, V)
March 15, 2022 Opinion or Order Filing 255 REQUEST for Status Conference by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
February 9, 2022 Opinion or Order Filing 254 MINUTE ORDER signed by District Judge Anthony W. Ishii on 2/09/2022: (Text Only Entry) The Motion for Summary Judgement, Doc. No. #243 , and Daubert Motion to Exclude, Doc. No. #244 , currently set for 2/14/2022 is RESET for 3/28/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzales, V)
February 7, 2022 Opinion or Order Filing 253 RESPONSE by Leprino Foods Company, Leprino Foods Dairy Products Company to #243 Motion for Summary Judgment,. (Pooley, Lisa)
February 7, 2022 Opinion or Order Filing 252 RESPONSE by Leprino Foods Company, Leprino Foods Dairy Products Company to #243 Motion for Summary Judgment,. (Pooley, Lisa)
February 7, 2022 Opinion or Order Filing 251 OBJECTIONS by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company to #243 MOTION FOR SUMMARY JUDGMENT. (Pooley, Lisa)
February 7, 2022 Opinion or Order Filing 250 APPENDIX by Leprino Foods Company, Leprino Foods Dairy Products Company re #243 MOTION FOR SUMMARY JUDGMENT filed by Leprino Foods Company, Leprino Foods Dairy Products Company. (Attachments: #1 Appendix Vol. 2 of 3, #2 Appendix Vol 3 of 3)(Pooley, Lisa)
February 7, 2022 Opinion or Order Filing 249 DECLARATION of Lisa M. Pooley in support of #243 Motion for Summary Judgment,. (Pooley, Lisa)
February 7, 2022 Opinion or Order Filing 248 REPLY by Leprino Foods Company, Leprino Foods Dairy Products Company re #243 Motion for Summary Judgment,. (Pooley, Lisa)
February 7, 2022 Opinion or Order Filing 247 REPLY by Isaias Vasquez re #244 Motion for Miscellaneous Relief,. (Crist, Ryan)
January 31, 2022 Opinion or Order Filing 246 OPPOSITION by Linda Hefke, Isaias Vasquez to #243 Motion for Summary Judgment,. (Attachments: #1 Plaintiffs' Appendix of Evidence, #2 Declaration of Ryan A. Crist, #3 Plaintiffs' Responses to Defendants' Separate Statement, #4 Plaintiffs' Separate Statement of Disputed Material Facts, #5 Evidentiary Objections to Declaration of Steve Schmidt)(Crist, Ryan)
January 31, 2022 Opinion or Order Filing 245 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #244 Motion for Miscellaneous Relief,. (Attachments: #1 Declaration of Sandra Rappaport, #2 Proposed Order)(Rappaport, Sandra)
January 17, 2022 Opinion or Order Filing 244 MOTION Daubert Motion to Exclude Boedeker Testimony and Report by Linda Hefke, Isaias Vasquez. Motion Hearing set for 2/14/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum, #2 Declaration of Ryan A. Crist, #3 Proposed Order)(Crist, Ryan)
January 14, 2022 Opinion or Order Filing 243 MOTION FOR SUMMARY JUDGMENT by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 2/14/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Declaration of Lisa M. Pooley, #2 Declaration of Steve Schmidt, #3 Separate Statement of Undisputed Material Facts, #4 Proposed Order Granting Motion for Summary Judgment)(Pooley, Lisa)
July 21, 2021 Opinion or Order Filing 242 NOTICE OF WITHDRAWAL OF OBJECTIONS TO MAGISTRATE COURT'S ORDER DENYING PLAINTIFFS' MOTION TO COMPEL DISCOVERY PURSUANT TO RULE 72, SUBDIVISION (A) IN LIGHT OF SIGNED STIPULATION AND ORDER by All Plaintiffs re #232 Objections. (Crist, Ryan)
July 21, 2021 Opinion or Order Filing 241 WITHDRAWAL of #233 Ex Parte Application filed by Isaias Vasquez, Linda Hefke. (Crist, Ryan)
July 20, 2021 Opinion or Order Filing 240 RESPONSE by Leprino Foods Company, Leprino Foods Dairy Products Company to #232 Objections. (Attachments: #1 Declaration of Lisa M. Pooley)(Pooley, Lisa)
July 16, 2021 Opinion or Order Filing 239 RESPONSE by Leprino Foods Company, Leprino Foods Dairy Products Company to #233 Ex Parte Application. (Attachments: #1 Declaration of Lisa M. Pooley)(Pooley, Lisa)
July 9, 2021 Opinion or Order Filing 238 ORDER re #216 Joint Stipulation to Amend Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 7/9/2021. Expert disclosure deadline: 10/15/2021. Supplemental expert disclosure deadline 12/1/2021. Expert discovery deadline: 1/10/2022. Deadline to file dispositive motions: 1/17/2022 . (Rivera, O)
July 9, 2021 Opinion or Order Filing 237 STIPULATION re #216 Scheduling Order,, by Linda Hefke, Isaias Vasquez. (Szeto, Kitty Kit)
July 8, 2021 Opinion or Order Filing 236 MINUTE ORDER (TEXT Only): Following referral of this pre-trial matter, the Court has reviewed Plaintiffs' Initial Ex Parte Application to Amend Scheduling Order to Extend Expert and Non-Expert Disclosure and Discovery Deadlines. (Doc. #233 .) To the extent the instant application seeks reconsideration of the Court's June 29, 2021 order denying Plaintiffs' request for an extension of the non-expert discovery deadline (and related expert discovery deadlines), such reconsideration is DENIED for the reasons previously stated in the Court's order. (Doc. #229 .) Moreover, any request for reconsideration is duplicative of Plaintiffs' objections to the Court's order currently pending before the District Court pursuant to Federal Rule of Civil Procedure 72. (See Docs. #232 , #234 .) To the extent the instant application seeks an extension of the discovery deadlines to allow for verification of the class list, Defendants will be permitted an opportunity to respond to the application. Accordingly, Defendants are HEREBY DIRECTED to submit a written response no later than July 16, 2021, addressing Plaintiffs' arguments in the ex parte application that an extension of the discovery deadlines is necessary "because of the Defendants' 11th Hour Changes to the Class" (See Doc. #233 at 7-10). Thereafter, the matter will be deemed submitted on the record. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/8/2021. (Valdez, E)
July 8, 2021 Opinion or Order Filing 235 MINUTE ORDER (Text Only Entry) signed by District Judge Anthony W. Ishii on 7/8/2021. Currently pending before the Court is Plaintiffs' Initial Ex Parte Application to Amend the Scheduling Order (Doc. No. #233 ). After review, the Court determines that this pre-trial matter should be referred to the Magistrate Judge. Therefore, IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. 636(b)(1)(A) and Eastern District of California Local Rule 302, the Ex Parte Application (Doc. No. #233 ) is referred to Magistrate Judge Barbara A. McAuliffe for resolution. IT IS SO ORDERED. (Apodaca, P)
July 7, 2021 Opinion or Order Filing 234 SUPPLEMENT by Linda Hefke, Isaias Vasquez re #232 Objections. (Crist, Ryan)
July 6, 2021 Opinion or Order Filing 233 EX PARTE APPLICATION by Linda Hefke, Isaias Vasquez for an Order to Amend Scheduling Order to Extend Expert and Non-Expert Disclosure and Discovery Deadlines. (Attachments: #1 Declaration of Ryan A. Crist, #2 Proposed Order)(Crist, Ryan)
July 6, 2021 Opinion or Order Filing 232 OBJECTIONS by Plaintiff Isaias Vasquez to #229 Order on Motion to Compel. (Attachments: #1 Declaration OF RYAN A. CRIST)(Crist, Ryan)
July 2, 2021 Opinion or Order Filing 231 TRANSCRIPT of Motion Hearing held on 6/25/2021, before Magistrate Judge Barbara A. McAuliffe, filed by Court Reporter Thresha Spencer, Phone number 916-730-2269 E-mail Thresha.csr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Spencer, T)
June 29, 2021 Opinion or Order Filing 230 TRANSCRIPT REQUEST by Isaias Vasquez for proceedings held on June 25, 2021 before Judge Barbara A. McAuliffe. Court Reporter Thresha Spencer. (Szeto, Kitty Kit)
June 29, 2021 Opinion or Order Filing 229 Order DENYING Plaintiff's #223 Motion to Compel Discovery; Order GRANTING limited continuance of non-expert discovery deadline, signed by Magistrate Judge Barbara A. McAuliffe on 6/29/2021. (Rosales, O.)
June 29, 2021 Opinion or Order Filing 228 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Barbara A. McAuliffe on 6/29/2021: MOTION HEARING held ; Written Order to follow. Plaintiffs Counsel Ryan Crist and Kitty Szeto present. Defendants Counsel Lisa Pooley present. Court Reporter: Thresha Spencer. (Rosales, O.)
June 22, 2021 Opinion or Order Filing 227 MINUTE ORDER (TEXT Only): The parties shall appear at the MOTION HEARING currently set for June 25, 2021 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 6/22/2021. (Valdez, E)
June 18, 2021 Opinion or Order Filing 226 DECLARATION of Lisa M. Pooley re #225 Statement. (Pooley, Lisa)
June 17, 2021 Opinion or Order Filing 225 STATEMENT of Discovery Disagreement by Plaintiffs Linda Hefke, Isaias Vasquez re #223 Motion to Compel. (Attachments: #1 Declaration of Ryan A. Crist)(Crist, Ryan)
May 27, 2021 Opinion or Order Filing 224 NOTICE of Disassociation by Isaias Vasquez. (Rouen, Eric)
May 25, 2021 Opinion or Order Filing 223 MOTION to COMPEL Discovery by Linda Hefke, Isaias Vasquez. Motion Hearing set for 6/25/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Crist, Ryan)
May 25, 2021 Opinion or Order Filing 222 MINUTE ORDER (TEXT Only): On May 25, 2021, the Court held a status conference by Zoom video to address Plaintiffs' request for an additional continuance of the July 14, 2021 non-expert discovery deadline. The Court and parties discussed Plaintiffs' reasons for seeking an extension to complete post-certification discovery cut off of July 14, 2021, after the class member opt-out deadline of June 14, 2021. These reasons included Plaintiffs' assertions that Defendants were required to provide supplemental responses and production of documents in response to Plaintiffs' pre-certification discovery requests pursuant to Federal Rule of Civil Procedure 26(e) and that Defendants are required to provide further responses to certain of Plaintiffs' post-certification requests for production, including those for Defendants' production requirements, goals or quotas and the pounds per labor hour metric. Plaintiffs also seek to depose class members (and their specific supervisors) who are identified after the final class list is ascertained on June 14, plant supervisor, along with conducting a 30(b)(6) deposition regarding Defendants production goals and quotas. Defendants opposed the request for continuance, arguing that Plaintiffs were not precluded from conducting discovery, including taking depositions, in the time period after class certification. Defendants also asserted that they were not required to supplement their prior discovery responses because those responses were not incomplete or incorrect. Having considered the parties' statements and arguments, the Court finds that Plaintiffs have not demonstrated good cause to further extend the non-expert discovery deadline. A scheduling order may be modified only for good cause. Fed. R. Civ. P. 16(b(4). Rule 16(b)'s good cause inquiry focuses primarily on the movant's diligence. Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 2000). In this instance, Plaintiffs have not adequately explained why the bulk of discovery at issue could not have been completed post-certification and prior to the opt-out deadline. Plaintiffs could have conducted depositions, including a 30(b)(6) deposition, and sought to compel supplemental discovery responses or answers following class certification, but they failed to do so. Accordingly, Plaintiffs' request for a further continuance of the July 14, 2021 non-expert discovery deadline is DENIED. Fed. R. Civ. P. 16(d). Following the Court's discussion with the parties concerning Plaintiffs' request for supplemental discovery responses, the Court directed the parties to meet and confer in an effort to resolve or narrow the issues. The parties were unable to resolve their disputes. In the absence of any resolution, the parties are not precluded from filing appropriate and necessary discovery motions or requesting an informal discovery dispute conference prior to expiration of the non-expert discovery deadline. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/25/2021. (Valdez, E)
May 25, 2021 Opinion or Order Filing 221 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Barbara A. McAuliffe on 5/25/2021: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Kitty Szeto and Ryan Crist appeared by Zoom video - present. Defendants' Counsel Lisa Pooley appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
May 18, 2021 Opinion or Order Filing 220 STATEMENT of Post-Certification Discovery Plan filed by Plaintiffs Linda Hefke, Isaias Vasquez re 215 Minute Order,,,,,, Set/Reset Deadlines and Hearings,,,,,. (Crist, Ryan)
May 18, 2021 Opinion or Order Filing 219 STATEMENT of Discovery filed by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company re 215 Minute Order,,,,,, Set/Reset Deadlines and Hearings,,,,,. (Pooley, Lisa)
May 17, 2021 Opinion or Order Filing 218 ANSWER by Leprino Foods Company, Leprino Foods Dairy Products Company.(Rappaport, Sandra)
May 3, 2021 Opinion or Order Filing 217 ORDER on Plaintiff's Motion for Judgment on the Pleadings #189 signed by District Judge Anthony W. Ishii on 5/1/2021. (Lundstrom, T)
April 23, 2021 Opinion or Order Filing 216 AMENDED SUPPLEMENTAL SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 4/22/2021. Designation of Expert Witnesses due by 8/16/2021. Supplemental Expert Disclosure due by 10/1/2021. Discovery due by 7/14/2021. Expert Discovery due by 11/1/2021. Dispositive Motions filed by 11/8/2021. Pretrial Conference set for 4/6/2022 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 6/7/2022 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Lundstrom, T)
April 22, 2021 Opinion or Order Filing 215 MINUTE ORDER (TEXT Only): Based on the status of the case, the parties shall appear at a STATUS CONFERENCE on May 25, 2021 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe with each party connecting remotely either via Zoom video conference or Zoom telephone number. The purpose of the status conference will be to further discuss discovery deadlines. The parties shall meet and confer as to the scope of discovery and whether any additional continuance of the deadlines is needed. At least one week prior to the status conference, Plaintiffs shall file a 2-3 page brief discovery plan, including identification of deponents. Also, at least one week prior to the status conference, Defendants shall file a 2-3 page brief discovery plan identifying what additional discovery, if any, Defendants require from Plaintiffs. Both parties shall provide the Court will authority regarding the Rule 26(e) obligation to supplement previously propounded discovery in light of class certification versus merits discovery. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/22/2021. (Valdez, E)
April 22, 2021 Opinion or Order Filing 214 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 04/22/2021: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Kitty Szeto and Ryan Crist appeared by Zoom video - present. Defendants' Counsel Lisa Pooley appeared by Zoom video present. Court Reporter/CD Number: off the record. (Valdez, E)
April 2, 2021 Opinion or Order Filing 213 ORDER DENYING INFORMAL MOTION TO COMPEL PLAINTIFF LINDA HEFKE TO AMEND FURTHER SUPPLEMENTAL DISCOVERY RESPONSES, signed by Magistrate Judge Barbara A. McAuliffe on 4/2/2021. (Apodaca, P)
March 30, 2021 Opinion or Order Filing 212 MINUTE ORDER (TEXT ONLY): In Plaintiff's Statement Regarding Discovery Dispute (Doc. #211 ), Plaintiff asks to continue the discovery cut off date because the notice to class members was just approved and sent out on March 15. The class will not be fully formed (with expiration of the opt out period) until June 14, the same day as the fact discovery cut off. This procedural delay may show good cause. The parties are directed to meet and confer regarding continuance of the deadlines in the Supplemental Scheduling Order (Doc. #188 ) and whether there is any dispute that a continuance is needed. If there is no dispute, the parties should submit a stipulation with proposed dates, and in the event the parties do not agree, the Court will set a status conference to discuss a potential continuance. The Court SETS a status conference for April 22, 2021 at 8:30 a.m. before Magistrate Judge Barbara A. McAuliffe. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/30/2021. (Valdez, E)
March 26, 2021 Opinion or Order Filing 211 STATEMENT of Discovery Dispute and Request to Extend Non-Expert Discovery Cut-Off filed by Plaintiffs Linda Hefke, Isaias Vasquez re 209 Minute Order,,,,,, Set/Reset Deadlines and Hearings,,,,,. (Crist, Ryan)
March 26, 2021 Opinion or Order Filing 210 BRIEF Regarding Plaintiff Hefke's Supplemental Interrogatory Responses filed by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
March 17, 2021 Opinion or Order Filing 209 MINUTE ORDER (TEXT Only): On March 17, 2021, the Court held a status conference by Zoom video to address Plaintiff Hefke's further supplemental responses to Defendants' interrogatories related to Plaintiffs' contention that Defendants required class members to remain "on call" during their meal and rest breaks. The parties informed the Court that Plaintiff Hefke provided further supplemental responses, but a dispute remained concerning the sufficiency of Plaintiff Hefke's responses to interrogatories 3 and 4, which require Plaintiff Hefke to identify Defendants' written policies and procedures and Defendants' unwritten policies, practices, and procedures supporting Plaintiffs' contention. As discussed at the conference, the parties shall submit the matter for a written ruling by the Court. No later than March 26, 2021, each party shall file a written brief, not to exceed five (5) pages, setting forth the party's position regarding Plaintiff Hefke's further supplemental responses to interrogatories 3 and 4. The parties also shall file a copy of the interrogatories at issue and Plaintiff Hefke's latest supplemental responses. No hearing will be set and the matter will be taken under submission. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/17/2021. (Valdez, E)
March 17, 2021 Opinion or Order Filing 208 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Barbara A. McAuliffe on 3/17/2021: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Ryan Crist appeared by Zoom video - present. Defendants' Counsel Lisa Pooley appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
March 1, 2021 Opinion or Order Filing 207 ORDER ON JOINT AMENDED CLASS NOTICE AND DISTRIBUTION PLAN signed by District Judge Anthony W. Ishii on 3/01/2021. IT IS HEREBY ORDERED the parties' Joint Amended Class Notice and Distribution Plan is APPROVED. (Gonzales, V)
February 26, 2021 Opinion or Order Filing 206 JOINT STATEMENT of Amended Class Notice and Distribution Plan filed by Plaintiffs Linda Hefke, Isaias Vasquez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Szeto, Kitty Kit)
February 25, 2021 Opinion or Order Filing 205 MINUTE ORDER (TEXT Only): On February 25, 2021, the Court held a status conference by Zoom video to address Plaintiff Hefke's supplemental responses to Defendants' interrogatories related to Plaintiffs' contention that Defendants required class members to remain "on call" during their meal and rest breaks. Following a brief discussion with the parties regarding Defendants' identified issues with the supplemental responses, the Court directed the parties to meet and confer in an effort to resolve the issues. At the conclusion of meet and confer discussions, Plaintiffs confirmed the parties' agreement that Plaintiff Linda Hefke will further supplement her responses to the four interrogatories at issue within the next fourteen (14) days. As additionally agreed by the parties, the Court sets a STATUS CONFERENCE on March 17, 2021, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address Plaintiff Hefke's further supplemental responses. No status report is required. However, if the matter is resolved in advance of the conference, then the parties shall promptly notify the Court that the status conference is no longer necessary. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/25/2021. (Valdez, E)
February 25, 2021 Opinion or Order Filing 204 MINUTES (Text Only) for proceedings via video conference before Magistrate Judge Barbara A. McAuliffe on 2/25/2021: STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Ryan Crist and Philip Downey appeared by Zoom video - present. Defendants' Counsel Lisa Pooley appeared by Zoom video - present. Court Reporter/CD Number: off the record. (Valdez, E)
February 22, 2021 Opinion or Order Filing 203 STATUS REPORT by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
February 12, 2021 Opinion or Order Filing 202 ORDER ON PLAINTIFFS' PROPOSED CLASS NOTICE AND DISTRIBUTION PLAN. IT IS HEREBY ORDERED that: The Court RESERVES its approval of the parties' class notice and distribution plan; and The parties shall FILE an amended class notice and distribution plan for the Courts approval within fourteen days of service of this order. If the parties are unable to file a joint proposal, then they shall simultaneously file independent briefing on the matter by that same date. In the latter situation, the parties shall also simultaneously file responses within seven days after initial briefs are filed and replies within five days after responses are filed. Order signed by District Judge Anthony W. Ishii on 2/12/2021. (Apodaca, P)
December 30, 2020 Opinion or Order Filing 201 NOTICE of APPEARANCE by Gymmel M. Trembly on behalf of Leprino Foods Company, Leprino Foods Dairy Products Company. Attorney Trembly, Gymmel M. added. (Trembly, Gymmel)
December 22, 2020 Opinion or Order Filing 200 MINUTE ORDER (TEXT ENTRY ONLY): The Court has deemed the MOTION FOR JUDGMENT ON PLEADINGS, Doc. No. #189 , noticed for hearing on 12/28/2020, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 12/22/2020. (Gonzales, V)
December 21, 2020 Opinion or Order Filing 199 REPLY by Isaias Vasquez re #189 Motion for Judgment,. (Crist, Ryan)
December 16, 2020 Opinion or Order Filing 198 MINUTE ORDER (TEXT Only): On December 16, 2020, the Court held an informal discovery dispute videoconference on the record to address Defendants' oral motion to compel Plaintiff Linda Hefke's supplemental responses to Defendants' interrogatories. (Doc. No. 196 .) Fed. R. Civ. P. 37(a). The parties stipulated to informal resolution. By the motion, Defendants seek to compel supplemental responses to eight interrogatories. The first four interrogatories relate to Plaintiffs' contention that Defendants required class members to remain "on call" during their meal and rest breaks. These interrogatories ask Plaintiff Hefke to: (1) state the material facts supporting the contention; (2) identify the documents; (3) identify Defendants' written policies and procedures; and (4) identify Defendants' unwritten policies, practices, and procedures supporting their contention. The next four interrogatories relate to the class action nature of Plaintiffs' claims. These interrogatories ask Plaintiff Hefke to: ((5) state the material facts supporting Plaintiffs' contention that a class action is a superior means to adjudicate this controversy; (6) state their trial plan; (7) state the material facts supporting Plaintiffs' contention that their meal and rest break claims are subject to common proof; and (8) identify the documents supporting Plaintiffs' contention that their meal and rest break claims are subject to common proof. Having considered the parties' arguments and briefing, Defendants' oral motion to compel supplemental responses to their interrogatories is GRANTED IN PART and DENIED IN PART. As agreed by Plaintiffs, no later than January 22, 2021, Plaintiff Hefke shall provide supplemental responses to the first four interrogatories related to Plaintiffs' contention that Defendants required class members to remain "on call" during their meal and rest breaks. Defendants' motion to compel supplemental responses to the remaining four interrogatories related to the class action nature of Plaintiffs' claims is DENIED. The Court finds these interrogatories do not relate to any party's claim or defense. Fed. R. Civ. P. 26(b)(1). The Court SETS a STATUS CONFERENCE on February 25, 2021, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address Plaintiff Hefke's supplemental responses. Defendants shall file a status report regarding those responses no later than February 22, 2021. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/16/2020. (Valdez, E)
December 16, 2020 Opinion or Order Filing 197 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 12/16/2020: INFORMAL DISCOVERY DISPUTE CONFERENCE - held. Order to follow. Plaintiffs' Counsel Ryan Crist appeared by Zoom video - present. Defendants' Counsel Lisa Pooley appeared by Zoom video - present. Court Reporter/CD Number: ECRO - Alice Timken. (Valdez, E)
December 16, 2020 Opinion or Order Filing 196 ORAL MOTION to compel Plaintiff Linda Hefke's supplemental responses to interrogatories brought by defendants during discovery dispute conference on 12/16/2020. (Valdez, E)
December 14, 2020 Opinion or Order Filing 195 STATEMENT of Plaintiff's Statement Regarding Discovery Dispute filed by Plaintiffs Linda Hefke, Isaias Vasquez re 193 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,,. (Crist, Ryan)
December 14, 2020 Opinion or Order Filing 194 INFORMAL DISCOVERY DISPUTE LETTER BRIEF re 193 Minute Order,,,,, Set/Reset Deadlines and Hearings,,,, filed by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
December 11, 2020 Opinion or Order Filing 193 MINUTE ORDER (TEXT Only): The parties in this case have contacted the Court for a date and time regarding an INFORMAL DISCOVERY DISPUTE CONFERENCE and the parties have agreed to the following: December 16, 2020, at 9:30 AM before Magistrate Judge Barbara A. McAuliffe. A two-page synopsis ONLY, either in memo or letter format, shall be filed no later than December 14, 2020 at 9:30 AM, by each counsel, outlining their respective positions, including summarizing the facts and relevant legal arguments. NO attachments or exhibits, two pages ONLY. The parties shall appear at the conference with each party connecting remotely either via Zoom video conference or Zoom telephone number. The parties shall be provided with the Zoom ID and password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are confidential and are not to be shared. Appropriate court attire required. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 12/11/2020. (Valdez, E)
December 7, 2020 Opinion or Order Filing 192 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #189 Motion for Judgment,. (Hu, Winston)
November 20, 2020 Opinion or Order Filing 191 STIPULATION AND ORDER signed by District Judge Anthony W. Ishii on 11/20/2020 Pursuant to the Parties' Stipulation, the Court hereby CONTINUES the hearing on Plaintiffs' Motion for Judgment on the Pleadings to December 28, 2020, at 1:30 p.m., in Courtroom 2. Defendants shall file their opposition on or before December 7, 2020, and Plaintiffs shall file their reply on or before December 21, 2020. (Gonzales, V)
November 20, 2020 Opinion or Order Filing 190 STIPULATION and PROPOSED ORDER for Continuing the Hearing Date, Opposition, and Reply Deadlines re #189 MOTION for JUDGMENT ON THE PLEADINGS by Linda Hefke, Isaias Vasquez. (Szeto, Kitty Kit)
November 16, 2020 Opinion or Order Filing 189 MOTION for JUDGMENT ON THE PLEADINGS by Linda Hefke, Isaias Vasquez. Motion Hearing set for 12/14/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order)(Crist, Ryan)
October 13, 2020 Opinion or Order Filing 188 SUPPLEMENTAL SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2020. ( Non-Expert Deadline: 6/14/2021, Discovery due by 6/14/2021, Dispositive Motions filed by 11/8/2021, Supplemental Expert Deadline: 9/10/2021, Pretrial Conference set for 4/6/2022 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Jury Trial set for 6/7/2022 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii)(Martin-Gill, S)
October 13, 2020 Opinion or Order Filing 187 MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Barbara A. McAuliffe on 10/13/2020: SCHEDULING CONFERENCE held. Order to follow. Plaintiffs' Counsel: Kitty Szeto appeared by telephone - present. Defendants' Counsel: Lisa Pooley appeared by telephone - present. Court Reporter/CD Number: off the record. (Valdez, E)
October 9, 2020 Opinion or Order Filing 186 NOTICE of CHANGE of ADDRESS by Eric Daniel Rouen. (Rouen, Eric)
October 7, 2020 Opinion or Order Filing 185 REPLY by Linda Hefke, Isaias Vasquez re #182 Brief. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Crist, Ryan)
October 6, 2020 Opinion or Order Filing 184 JOINT SCHEDULING REPORT by Linda Hefke, Isaias Vasquez. (Szeto, Kitty Kit)
September 30, 2020 Opinion or Order Filing 183 OBJECTIONS by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company to #182 Brief. (Pooley, Lisa)
September 16, 2020 Opinion or Order Filing 182 BRIEF re Plaintiffs' Proposed Class Notice and Distribution Plan filed by Linda Hefke, Isaias Vasquez. (Attachments: #1 Exhibit A - Class Notice in Redline, #2 Exhibit B - Exclusion Request)(Crist, Ryan)
September 9, 2020 Opinion or Order Filing 181 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 9/9/2020: TELEPHONIC STATUS CONFERENCE held. The parties updated the Court regarding the status of meet and confer efforts regarding the proposed class notice and distribution plan. The parties additionally intend to meet and confer regarding any need to alter the limitations on discovery methods under the Federal Rules of Civil Procedure in conducting further discovery on the merits. The Court explained the impact of the COVID-19 pandemic on trial scheduling and the parties agreed to set a Scheduling Conference to schedule the remainder of the case. Accordingly, the Court SETS a SCHEDULING CONFERENCE for October 13, 2020, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a JOINT Scheduling Report at least one (1) week prior to the conference. The parties are encouraged to appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/9/2020. (Valdez, E)
September 9, 2020 Opinion or Order Filing 180 MINUTES (TEXT Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 9/9/2020: TELEPHONIC STATUS CONFERENCE held. Order to follow. Counsel for Plaintiffs: Kitty Szeto, Philip Downey, and Rex Parris appeared by telephone - present. Counsel for Defendant: Lisa Pooley and Sandra Rappaport appeared by telephone - present. Court Reporter/CD Number: off the record. (Valdez, E)
September 8, 2020 Opinion or Order Filing 179 NOTICE of APPEARANCE by Alexander Russell Wheeler on behalf of Linda Hefke, Isaias Vasquez. Attorney Wheeler, Alexander Russell added. (Wheeler, Alexander)
August 13, 2020 Opinion or Order Filing 178 MINUTE ORDER (TEXT Only): In light of the Court's Order Denying Defendants' Motion for Reconsideration and Plaintiffs' Motion for Sanctions (Doc. #177 ), the Court SETS a TELEPHONIC STATUS CONFERENCE on September 9, 2020, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties are directed to meet and confer regarding further scheduling of this action as well as a proposed class notice and distribution plan (see Doc. #163 ). The parties are encouraged to appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/13/2020. (Valdez, E)
August 12, 2020 Opinion or Order Filing 177 ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION AND PLAINTIFFS' MOTION FOR SANCTIONS signed by District Judge Anthony W. Ishii on 8/11/2020. IT IS HEREBY ORDERED Leprino's motion for reconsideration (Doc. No. #166 ) is DENIED. Plaintiffs' motion for sanctions (Doc. No. #172 ) is DENIED. (Gonzales, V)
June 10, 2020 Opinion or Order Filing 176 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the MOTION FOR SANCTIONS, Doc. No. #172 , noticed for hearing on 6/15/2020, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 6/10/2020. (Gonzales, V)
June 8, 2020 Opinion or Order Filing 175 REPLY by Isaias Vasquez re #172 Motion for Sanctions,. (Crist, Ryan)
June 1, 2020 Opinion or Order Filing 174 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #172 Motion for Sanctions,. (Pooley, Lisa)
May 20, 2020 Opinion or Order Filing 173 MINUTE ORDER (TEXT Only): In light of the Order Granting Defendants' Motion for Stay (Doc. #168 ) issued by District Judge Anthony W. Ishii, the Telephonic Status Conference set for June 8, 2020 is VACATED. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/20/2020. (Valdez, E)
May 18, 2020 Opinion or Order Filing 172 MOTION for SANCTIONS by Isaias Vasquez. Motion Hearing set for 6/15/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SANCTIONS, #2 Declaration DECLARATION OF RYAN A. CRIST, #3 Proposed Order PROPOSED ORDER GRANTING PLAINTIFFS MOTION FOR SANCTIONS)(Crist, Ryan)
May 13, 2020 Opinion or Order Filing 171 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the MOTION FOR RECONSIDERATION, Doc. No. #166 , noticed for hearing on 5/18/2020, before District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 5/13/2020. (Gonzales, V)
May 11, 2020 Opinion or Order Filing 170 REPLY by Leprino Foods Company, Leprino Foods Dairy Products Company re #166 Motion for Reconsideration,. (Attachments: #1 Declaration if Lisa M. Pooley in Support of Defendants' Motion for Reconsideration of Court's Order Granting in Part Plaintiffs' Motion for Class Certification)(Pooley, Lisa)
May 4, 2020 Opinion or Order Filing 169 OPPOSITION by Isaias Vasquez to #166 Motion for Reconsideration,. (Attachments: #1 Declaration DECLARATION OF RYAN A. CRIST)(Crist, Ryan)
April 17, 2020 Opinion or Order Filing 168 ORDER GRANTING DEFENDANTS' MOTION FOR STAY (Doc. No. #167 ), signed by District Judge Anthony W. Ishii on 04/17/2020. IT IS HEREBY ORDERED that the foregoing order and referral are STAYED until the Court resolves Leprino's motion for reconsideration.(Gonzales, V)
April 16, 2020 Opinion or Order Filing 167 MOTION to STAY re #163 Order on Motion to Certify Class by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 5/18/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Proposed Order Granting Defendants' Motion to Stay)(Pooley, Lisa)
April 16, 2020 Opinion or Order Filing 166 MOTION for RECONSIDERATION re #163 Order on Motion to Certify Class by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 5/18/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Proposed Order Granting Defendants' Motion for Reconsideration)(Pooley, Lisa)
April 6, 2020 Opinion or Order Filing 165 NOTICE of RELATED CASE(S) 1:13-cv-02059-AWI-BAM, 1:15-cv-00105-AWI-BAM, 2:20-cv-00700-TLN-EFB by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
April 1, 2020 Opinion or Order Filing 164 MINUTE ORDER (TEXT Only): In light of the Court's Order Granting, In Part, and Denying, In Part, Plaintiffs' Motion for Class Certification (Doc. #163 ), this matter is set for a TELEPHONIC STATUS CONFERENCE on June 8, 2020, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties should be prepared to discuss further scheduling of this action. The parties may appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/1/2020. (Valdez, E)
March 31, 2020 Opinion or Order Filing 163 ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (Doc. No. #116 ), signed by District Judge Anthony W. Ishii on 03/30/2020. (Gonzales, V)
March 23, 2020 Opinion or Order Filing 162 NOTICE of New Authority in Support of Plaintiffs' Motion for Class Certification by All Plaintiffs re #116 MOTION to CERTIFY CLASS . (Crist, Ryan)
December 18, 2019 Opinion or Order Filing 161 ORDER Granting in Part Defendant's Motion to Recover Reasonable Expenses Pursuant to FRCP 30(g) (Doc. No. #149 ), signed by Magistrate Judge Barbara A. McAuliffe on 12/18/2019. (Valdez, E)
December 18, 2019 Opinion or Order Filing 160 ORDER Discharging Order to Show Cause to Phlip A. Downey Re: Pro Hac Vice Status (Doc. No. #122 ), signed by Magistrate Judge Barbara A. McAuliffe on 12/18/2019. (Valdez, E)
December 13, 2019 Opinion or Order Filing 159 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 12/13/2019: MOTION HEARING - held. Order to follow. Kitty K. Szeto, Counsel for Plaintiffs Isaias Vasquez and Linda Hefke, appeared by telephone - present. Lisa Pooley, Counsel for Defendants Leprino Foods Company and Leprino Foods Dairy Products Company, appeared in person - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E)
December 13, 2019 Opinion or Order Filing 158 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 12/13/2019: SHOW CAUSE HEARING - held. Order to follow. Philip A. Downey and Kitty K. Szeto, Counsel for Plaintiffs Isaias Vasquez and Linda Hefke, appeared by telephone - present. Lisa Pooley, Counsel for Defendants Leprino Foods Company and Leprino Foods Dairy Products Company, appeared in person - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E)
December 6, 2019 Opinion or Order Filing 157 DECLARATION of of Kitty K. Szeto re #156 Statement,. (Szeto, Kitty Kit)
December 6, 2019 Opinion or Order Filing 156 STATEMENT of Regarding Defendants' Motion to Recover Reasonable Expenses Pursuant to FRCP 30(g) by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company re #149 Motion for Discovery,. (Attachments: #1 Declaration of Lisa M. Pooley)(Pooley, Lisa)
December 3, 2019 Opinion or Order Filing 155 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed MOTION FOR CLASS CERTIFICATION, Doc. No. #116 , noticed for hearing on 12/09/2019, before Senior District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). As such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 12/03/2019. (Gonzales, V)
December 3, 2019 Opinion or Order Filing 154 ORDER DENYING #152 Motion to Continue Order to Show Cause Hearing as MOOT, signed by Magistrate Judge Barbara A. McAuliffe on 12/3/2019. (Martin-Gill, S)
December 2, 2019 Opinion or Order Filing 153 SEALED EVENT. (Gonzalez, R)
December 2, 2019 Opinion or Order Filing 152 MOTION to CONTINUE Order to Show Cause Hearing by Isaias Vasquez. Motion Hearing set for 12/13/2019 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Proposed Order [Proposed] Order)(Downey, Philip)
November 27, 2019 Opinion or Order Filing 151 ORDER Granting Philip A. Downey's Request to Seal Documents signed by Magistrate Judge Barbara A. McAuliffe on 11/26/2019. (Flores, E)
November 22, 2019 Opinion or Order Filing 150 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Plaintiffs. (Downey, Philip)
November 21, 2019 Opinion or Order Filing 149 MOTION for DISCOVERY Defendants' Notice of Motion and Motion to Recover Reasonable Expenses Pursuant to FRCP 30(g) by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 12/13/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Pooley, Lisa)
November 19, 2019 Opinion or Order Filing 148 REPLY by Linda Hefke, Isaias Vasquez re #116 Motion to Certify Class,. (Attachments: #1 Supplemental Declaration of Ryan A. Crist in Support of Plaintiffs' Motion for Class Certification)(Crist, Ryan)
November 19, 2019 Opinion or Order Filing 147 MINUTE ORDER (TEXT Only): On November 18, 2019, the Court received e-mail communications from Philip A. Downey indicating that an emergency family matter has arisen which may conflict with the Show Cause Hearing currently set for November 22, 2019, at 10:00 AM before Magistrate Judge Barbara A. McAuliffe. Accordingly, the Show Cause Hearing is HEREBY CONTINUED to December 13, 2019, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Mr. Downey shall have fourteen (14) days from the date of this order to file appropriate papers to substantiate the need for the continuance, including a written request which complies with Local Rule 141 if necessary. Parties wishing to appear telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/19/2019. (Gonzales, V)
October 23, 2019 Opinion or Order Filing 146 MINUTE ORDER (TEXT Only): On October 23, 2019, the Court held an informal telephone conference off the record to address Plaintiff's request for deponent Thomas Chism to extract his employee identification card from his wallet and read certain magnetic code numbers aloud during his deposition. The parties to this action stipulated to an informal ruling. Having considered the arguments of counsel, Plaintiffs' request is DENIED. Plaintiffs have not designated Mr. Chism's identification card for production pursuant to Federal Rule of Civil Procedure 30(b)(2). Further, Mr. Chism's deposition is being taken for the limited purpose of sampling absent putative class members who submitted declarations in support of Defendants' opposition to the motion for class certification (Doc. #136 ). Accordingly, the witness is not required to extract his employee identification card and read numbers from it as requested by Plaintiffs. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/23/2019. (Valdez, E)
October 23, 2019 Opinion or Order Filing 145 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 10/23/2019: INFORMAL TELEPHONIC CONFERENCE re DISCOVERY DISPUTE - held. Order to follow. Plaintiffs' Counsel Philip A. Downey appeared by telephone - present. Defendants' Counsel Lisa M. Pooley appeared by telephone - present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E)
October 15, 2019 Opinion or Order Filing 144 NOTICE of ERRATA by Leprino Foods Company, Leprino Foods Dairy Products Company re #120 Opposition to Motion.. (Pooley, Lisa)
October 9, 2019 Opinion or Order Filing 143 NOTICE of ERRATA by Leprino Foods Company, Leprino Foods Dairy Products Company re #120 Opposition to Motion.. (Attachments: #1 Declaration Errata to Declaration of Sandra L. Rappaport)(Rappaport, Sandra)
October 4, 2019 Opinion or Order Filing 142 MINUTE ORDER (TEXT Only): Having considered the parties' responses to the Order to Show Cause regarding the pro hac vice status of counsel Philip A. Downey (Doc. #122 ), the Court SETS a Show Cause Hearing for November 22, 2019, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties should be prepared to address whether Mr. Downey is regularly employed in California and whether he is regularly engaged in professional activities in California. Parties wishing to appear telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/4/2019. (Valdez, E)
October 3, 2019 Opinion or Order Filing 141 AMENDED DOCUMENT by Isaias Vasquez: Amended #140 Brief. (Attachments: #1 Exhibit Exhibits K-L)(Downey, Philip)
September 27, 2019 Opinion or Order Filing 140 BRIEF in Response to Pooley Response to OSC by Isaias Vasquez. (Attachments: #1 Exhibit Exibits K-L ( Dexcerpt of Vazquez Dep 7 Zarlenga PHV App & Order))(Downey, Philip)
September 27, 2019 Opinion or Order Filing 139 NOTICE of ERRATA by Isaias Vasquez re #138 Opposition to Motion.. (Downey, Philip)
September 27, 2019 Opinion or Order Filing 138 OPPOSITION by Isaias Vasquez to #116 MOTION to CERTIFY CLASS . (Attachments: #1 Exhibit Exhibits K (Vaz Transcript) & L (PHV App/Order Zarlenga))(Downey, Philip)
September 25, 2019 Opinion or Order Filing 137 MINUTE ORDER (TEXT Only): On September 19, 2019, Defendants filed a response (Doc. #129 ) to the Court's Order to Show Cause regarding the pro hac vice status of counsel Philip A. Downey (Doc. #122 ). Mr. Downey has requested leave to respond within 7 days, which leave is GRANTED. Mr. Downey shall file a written reply to Defendants' response on or before October 3, 2019. Mr. Downey's written reply shall be limited to seven (7) pages in length. Any response shall focus on the issues of whether the attorney is regularly employed in California and whether he is regularly engaged in professional activities in California. Following review of the papers, a hearing may be set by the Court. Accordingly, because leave has been granted, it is FURTHER ORDERED that Mr. Downey's Motion to Strike or Extend Answer Deadline (Doc. #134 ) is DENIED as moot. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/25/2019. (Valdez, E)
September 25, 2019 Opinion or Order Filing 136 ORDER Granting in Part and Denying in Party Plaintiff's Motion for Leave to Take Additional Depositions (Doc. No. #123 ), signed by Magistrate Judge Barbara A. McAuliffe on 9/25/2019. (Valdez, E).
September 24, 2019 Opinion or Order Filing 135 MINUTE ORDER (TEXT Only): Plaintiff's Motion for Leave to Take Additional Depositions (Doc. #123 ) currently set for hearing on Friday, September 27, 2019 at 9:00 am before Magistrate Judge Barbara A. McAuliffe has been VACATED. Pursuant to Local Rule 230(g) (Fed. R. Civ. P. 78), the Court will take the motion under submission. MOTION SUBMITTED. If the Court determines that a hearing will be necessary following review of the parties papers, a hearing will be set by the Court. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/24/2019. (Valdez, E)
September 20, 2019 Opinion or Order Filing 134 MOTION to STRIKE or Extend Answer Deadline by Isaias Vasquez. Motion Hearing set for 10/25/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Memorandum Motion/Memo, #2 Proposed Order Proposed Order)(Downey, Philip)
September 20, 2019 Opinion or Order Filing 133 DECLARATION of Lisa M. Pooley re #132 Statement,. (Pooley, Lisa)
September 20, 2019 Opinion or Order Filing 132 STATEMENT of Joint Statement re Discovery Disagreement by Plaintiffs Linda Hefke, Isaias Vasquez re #123 MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS. (Attachments: #1 Declaration of Ryan A. Crist in Support of Joint Statement Regarding Discovery Disagreement)(Crist, Ryan)
September 19, 2019 Opinion or Order Filing 131 DECLARATION of Eric Rouen re #128 Response to Order to Show Cause,. (Attachments: #1 Exhibit Exhbit A-Ethics Opinion)(Rouen, Eric)
September 19, 2019 Opinion or Order Filing 130 NOTICE by All Plaintiffs re #129 Response to Order to Show Cause,. (Downey, Philip)
September 19, 2019 Opinion or Order Filing 129 RESPONSE to ORDER to SHOW CAUSE by Leprino Foods Company, Leprino Foods Dairy Products Company. (Attachments: #1 Declaration of Lisa M. Pooley in Support of Defendants' Response to Order to Show Cause Why Philip A. Downeys Pro Hac Vice Status Should Not Be Revoked)(Pooley, Lisa)
September 19, 2019 Opinion or Order Filing 128 RESPONSE to ORDER to SHOW CAUSE by Isaias Vasquez. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Rouen, Eric)
September 17, 2019 Opinion or Order Filing 127 MINUTE ORDER (TEXT Only): Defendants do not oppose Plaintiffs' request to advance the hearing on their Motion for Leave to Take Additional Depositions. (Doc. No. #125 .) Accordingly, Plaintiffs' request is GRANTED, and the hearing on Plaintiffs' Motion for Leave to Take Additional Depositions (Doc. No. #123 ) is ADVANCED to September 27, 2019, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At least seven (7) days prior to the hearing, the parties shall file a Joint Statement re Discovery Disagreement in compliance with Local Rule 251(c). The parties may appear at the hearing by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/17/2019. (Valdez, E)
September 17, 2019 Opinion or Order Filing 126 NOTICE of APPEARANCE by Winston K. Hu on behalf of Leprino Foods Company, Leprino Foods Dairy Products Company. Attorney Hu, Winston K. added. (Hu, Winston)
September 17, 2019 Opinion or Order Filing 125 STATEMENT of Non-Opposition to Plaintiffs' Request to Advance the Hearing on Their Motion for Leave to Take Additional Depositions to September 27, 2019 by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company re #123 MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS. (Pooley, Lisa)
September 10, 2019 Opinion or Order Filing 124 MINUTE ORDER (TEXT Only): On September 9, 2019, Plaintiffs filed a motion for leave to take additional depositions and noticed a hearing for October 4, 2019. Plaintiffs also requested that the Court advance the hearing. (Doc. No. #123 ). Accordingly, Defendants are HEREBY DIRECTED to file any opposition or statement of non-opposition to Plaintiffs' request to advance the hearing on or before September 17, 2019. In the absence of any opposition, the hearing will be advanced to September 27, 2019, the earliest date available on the Court's law and motion calendar. Defendants are not required to address the merits of Plaintiffs' request for leave to take additional depositions at this time. Once the hearing date is confirmed, the parties shall file a Joint Statement re Discovery Disagreement in compliance with Local Rule 251(c) at least seven (7) days before the scheduled hearing date. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/10/2019. (Valdez, E)
September 9, 2019 Opinion or Order Filing 123 MOTION FOR LEAVE TO TAKE ADDITIONAL DEPOSITIONS by Isaias Vasquez. Motion Hearing set for 10/4/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Crist, Ryan)
September 5, 2019 Opinion or Order Filing 122 ORDER to SHOW CAUSE why Phillip A. Downey's Pro Hac Vice Status Should not be Revoked signed by Magistrate Judge Barbara A. McAuliffe on 09/05/2019. Fourteen-Day Deadline. (Flores, E)
August 30, 2019 Opinion or Order Filing 121 REQUEST for JUDICIAL NOTICE by Leprino Foods Company, Leprino Foods Dairy Products Company in re #120 Opposition to Motion. (Pooley, Lisa)
August 30, 2019 Opinion or Order Filing 120 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #116 MOTION to CERTIFY CLASS . (Attachments: #1 Declaration of Sandra L. Rappaport, #2 Declaration of Lisa M. Pooley)(Pooley, Lisa)
July 9, 2019 Opinion or Order Filing 119 NOTICE of Withdrawal of Individual Counsel by All Plaintiffs. (Lee, Cory)
June 27, 2019 Opinion or Order Filing 118 NOTICE of APPEARANCE by Amanda M. Osowski on behalf of Leprino Foods Company, Leprino Foods Dairy Products Company. Attorney Osowski, Amanda M. added. (Osowski, Amanda)
June 6, 2019 Opinion or Order Filing 117 DECLARATION of Ryan A. Crist in support of #116 MOTION to CERTIFY CLASS . (Attachments: #1 Exhibit A-L (Depositions), #2 Exhibit M-S (Documents))(Crist, Ryan)
June 6, 2019 Opinion or Order Filing 116 MOTION to CERTIFY CLASS by Linda Hefke, Isaias Vasquez. Motion Hearing set for 12/9/2019 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum, #2 Declaration of R. Rex Parris, #3 Declaration of Philip A. Downey, #4 Declaration of Cory A. Dann, #5 Declaration of Isaias Vazquez, #6 Declaration of Linda Hefke, #7 Compendium of Class Member Declarations, #8 Proposed Order)(Bickford, John)
June 4, 2019 Opinion or Order Filing 115 ORDER REGARDING DISCOVERY DISPUTE signed by Magistrate Judge Barbara A. McAuliffe on 06/04/2019. (Gonzales, V)
May 31, 2019 Opinion or Order Filing 114 BRIEF Defendants' Letter Brief on Discovery Issues by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
May 31, 2019 Opinion or Order Filing 113 ORDER Denying Pending Motions to Compel Discovery (Doc. Nos. #81 , #90 ) signed by Magistrate Judge Barbara A. McAuliffe on 5/31/2019. Defendants' motion to compel a further response to Request for Production No. 31 is HEREBY DENIED. Plaintiffs' motion to compel production of Defendants' Production Schedules in response to Requests for Production Nos. 65 - 70 is HEREBY DENIED. (Valdez, E)
May 28, 2019 Opinion or Order Filing 112 SEALED EVENT (Robles, S)
May 28, 2019 Opinion or Order Filing 111 ORDER GRANTING Defendants' Request to Seal Documents signed by Magistrate Judge Barbara A. McAuliffe on 5/24/2019. (Sant Agata, S)
May 24, 2019 Opinion or Order Filing 110 BRIEF PLAINTIFFS CONSOLIDATED BRIEF REGARDING OUTSTANDING DISCOVERY MOTIONS by Linda Hefke, Isaias Vasquez. (Crist, Ryan)
May 24, 2019 Opinion or Order Filing 109 BRIEF Defendants' Brief Regarding Pending Motions to Compel by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
May 24, 2019 Opinion or Order Filing 108 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Leprino Foods Company, Leprino Foods Dairy Products Company. (Attachments: #1 Proof of Service)(Pooley, Lisa)
May 24, 2019 Opinion or Order Filing 107 MINUTE ORDER (TEXT Only): On May 24, 2019, the Court held a Telephonic Status Conference to address pending discovery issues and Plaintiffs' request to modify the class certification schedule. During the conference, the parties identified outstanding discovery issues, including those already subject to briefing and resolution by the Court. Plaintiffs also identified an issue regarding the production of phone records previously agreed to by Defendants during the meet and confer conference held on May 17, 2019. As discussed on the record, and within seven (7) days, Defendants shall serve Plaintiffs with a supplemental response indicating that they have produced all responsive phone records in the format received from the vendor. With respect to Plaintiffs' request for modification of the class certification deadlines, the Court finds good cause for a brief extension of time to allow for Plaintiffs' analysis of the phone records. Accordingly, the class certification deadlines are HEREBY MODIFIED as follows: Class Certification Motion Filing Deadline is June 6, 2019, and any opposition is due August 30, 2019. The reply deadline of November 19, 2019 remains as currently set, along with the class certification motion hearing of December 9, 2019, at 1:30 p.m. before Senior District Judge Anthony W. Ishii. Additionally, in light of the informal briefing on the remaining discovery disputes, the hearing on Plaintiffs' Amended Motion to Compel Discovery set for May 31, 2019, is HEREBY VACATED. As previously indicated, following receipt of the parties' limited briefing, the Court will issue a ruling on the motion as soon as practicable. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/24/2019. (Valdez, E)
May 24, 2019 Opinion or Order Filing 106 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 5/24/2019: TELEPHONIC STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Kitty Szeto and Ryan Crist appeared by telephone - present. Defendants' Counsel: Lisa Pooley and Sandra Rappaport appeared by telephone - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E)
May 24, 2019 Opinion or Order Filing 105 BRIEF Letter by Linda Hefke. (Attachments: #1 Declaration Dec ISO Letter Brief)(Downey, Philip)
May 17, 2019 Opinion or Order Filing 104 MINUTE ORDER (TEXT Only): On May 7, 2019, in an effort to resolve pending discovery disputes, the Court ordered counsel with binding authority for each party to personally appear on May 17, 2019, to meet and confer to resolve Defendants' Motion to Compel Discovery (Doc. #81 ) and Plaintiffs' Amended Motion to Compel Discovery (Doc. #90 ). (Doc. 91 ). On May 17, 2019, as directed by the Court, counsel for the parties personally appeared and engaged in meet in confer efforts to resolve the pending discovery motions and any impending or anticipated discovery disputes. At the conclusion of meet and confer efforts, Defendants confirmed that all issues in their motion to compel (Doc. #81 ) have been resolved with the exception of their request for Plaintiffs' postings on social media sites that Plaintiffs follow or participate in relating to their employment at Defendants' Lemoore West facility. Similarly, Plaintiffs confirmed that all issues in their amended motion to compel (Doc. #90 ) have been resolved with the exception of their Requests for Production Nos. 65-70 seeking production schedules. To resolve the remaining two issues, no later than May 24, 2019, the parties each SHALL FILE a concise brief, not to exceed six (6) pages double spaced, setting forth their respective positions. Following receipt of the briefing, the Court will issue a ruling. With respect to any impending or anticipated discovery disputes, Plaintiffs reported that the parties have a dispute regarding Plaintiffs' requests for the following categories of documents: (1) daily assignment sheets; (2) investigation files; and (3) monthly meeting notes. The parties agreed to submit the matter to the Court for informal resolution. Accordingly, no later than May 24, 2019, Plaintiffs SHALL FILE a 3-page letter brief with limited exhibits regarding these requested documents. The letter brief should identify the specific requests at issue and any agreements reached between the parties following meet and confer efforts. No later than May 31, 2019, Defendants SHALL FILE an opposition letter brief, if any, not to exceed three pages with limited exhibits. In addition, the Court sets a TELEPHONIC STATUS CONFERENCE for May 24, 2019, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address pending issues and Plaintiffs' request to modify the class certification motion schedule. The parties may appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/17/2019. (Valdez, E)
May 17, 2019 Opinion or Order Filing 103 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 5/17/2019 : MOTION HEARING - held. Order to follow. Plaintiffs' Counsel: Philip Downey, Kitty Szeto, Ryan Crist - personally present and Cory Lee and Eric Rouen - telephonically present. Defendants' Counsel: Lisa Pooley and Sandra Rappaport - personally present. Court Reporter/CD Number: ECRO - Alice Timken. (Valdez, E)
May 16, 2019 Opinion or Order Filing 102 NOTICE of RELATED CASE 1:13-cv-02059, 1:17-cv-00686, 1:18-cv-01404, 1:19-cv-00525, 1:19-cv-00635 by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
May 16, 2019 Opinion or Order Filing 101 ORDER SUBSTITUTING ATTORNEY Ryan Crist for Robert Gibson as to Plaintiff Isaias Vasquez, signed by Magistrate Judge Barbara A. McAuliffe on 5/15/19. Attorney Robert Gibson, PHV terminated. (Gonzalez, R)
May 15, 2019 Opinion or Order Filing 100 ORDER SUBSTITUTING ATTORNEY Ryan A. Crist in Place of Robert Gibson, signed by Magistrate Judge Barbara A. McAuliffe on 5/15/19. (Gonzalez, R)
May 13, 2019 Opinion or Order Filing 99 ORDER Granting Defendants' #97 Request to Excuse Molly Kaban's Attendance at May 17, 2019 Appearance, signed by Magistrate Judge Barbara A. McAuliffe on 5/13/19. (Gonzalez, R)
May 13, 2019 Opinion or Order Filing 98 ORDER on Plaintiff's #95 Request to Excuse Cory G. Lee, Randy Rumph and Eric D. Rouen's Attendance at the May 17, 2019 Appearance, signed by Magistrate Judge Barbara A. McAuliffe on 5/10/19. (Gonzalez, R)
May 10, 2019 Opinion or Order Filing 97 PROPOSED ORDER re GRANTING DEFENDANTS' REQUEST TO EXCUSE MOLLY KABAN'S ATTENDANCE AT MAY 17, 2019 APPEARANCE re #96 Request by Leprino Foods Company, Leprino Foods Dairy Products Company. (Kaban, Molly)
May 10, 2019 Opinion or Order Filing 96 REQUEST for EXCUSE MOLLY KABAN'S ATTENDANCE AT MAY 17, 2019 APPEARANCE by Leprino Foods Company, Leprino Foods Dairy Products Company. (Kaban, Molly)
May 10, 2019 Opinion or Order Filing 95 REQUEST for Excuse Cory G. Lee, Randy Rumph and Eric Rouen from Attendance at May 17, 2019 Appearance by Linda Hefke, Isaias Vasquez re 91 Minute Order,,,. (Attachments: #1 Proposed Order)(Lee, Cory)
May 9, 2019 Opinion or Order Filing 94 ORDER Granting Plaintiff's #92 Request to Excuse R. Rex Parris' and John M. Bickford's Attendance at the May 17, 2019 Appearance signed by Magistrate Judge Barbara A. McAuliffe on 05/09/2019. (Flores, E)
May 8, 2019 Opinion or Order Filing 93 NOTICE Defendants' Notice of Withdrawal of Individual Counsel by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
May 7, 2019 Opinion or Order Filing 92 REQUEST for to Excuse R. Rex Parris' and John M. Bickford's Attendance at the May 17, 2019 Appearance by Linda Hefke, Isaias Vasquez. (Attachments: #1 Proposed Order)(Szeto, Kitty Kit)
May 7, 2019 Opinion or Order Filing 91 MINUTE ORDER: ***TEXT ENTRY ONLY*** Based on the multiple motions to compel recently filed in this action (Docs. 81, 90), IT IS HEREBY ORDERED that ALL COUNSEL identified on the pleadings in this action SHALL PERSONALLY APPEAR on May 17, 2019, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At that time, and throughout the day, counsel SHALL meet and confer and resolve the outstanding discovery motions. Counsel are required to stay until released by the Court. Counsel for the parties are excused from this personal appearance ONLY IF the discovery motions are resolved and withdrawn prior to May 17, 2019. The failure to appear or otherwise comply with this order may result in the imposition of sanctions. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/7/2019. (Timken, A)
May 3, 2019 Opinion or Order Filing 90 MOTION for DISCOVERY Plaintiffs' Amended Notice of Motion and Motion to Compel Discovery by Isaias Vasquez. Motion Hearing set for 5/31/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Crist, Ryan)
May 3, 2019 Opinion or Order Filing 89 MOTION for DISCOVERY Plaintiffs' Notice of Motion and Motion to Compel Discovery by Isaias Vasquez. Motion Hearing set for 5/31/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Crist, Ryan)
May 2, 2019 Opinion or Order Filing 88 ASSOCIATION of ATTORNEY: Added attorney Ryan Crist for Linda Hefke,Ryan Crist for Isaias Vasquez. (Crist, Ryan)
May 1, 2019 Opinion or Order Filing 87 ORDER Granting in Part and Denying in Part Defendants' #78 Motion to Compel Discovery signed by Magistrate Judge Barbara A. McAuliffe on 04/30/2019. (Flores, E)
April 29, 2019 Opinion or Order Filing 86 MINUTE ORDER (TEXT Only): The Court held a Telephonic Conference Call on April 26, 2019, to informally resolve a discovery dispute. Defense counsel contacted the Court to request a ruling on a dispute that arose during the deposition of a non-party, who was identified as a former employee of Defendant Leprino Foods. The parties stipulated to informal resolution of the dispute. According to the parties, the dispute concerned objections by Plaintiffs' counsel, on the basis of attorney-client privilege, to deposition questions about conversations the deponent had with Plaintiffs' counsel Philip Downey and Kitty Szeto in preparation for the deposition. Plaintiffs' counsel raised the objection because the deponent also is a client of Mr. Downey. Defendants' counsel challenged the objection, arguing that the deponent was not represented by Ms. Szeto and thus the privilege did not apply to any conversations or meetings where she also was present. Having considered the parties' arguments, the objection based on attorney-client privilege is SUSTAINED. Although Ms. Szeto may not represent the deponent, she was present to assist Mr. Downey with his representation of the deponent, including to assist in deposition preparation. The Court does not find any basis for waiver of the privilege or to overrule the objection. In addition to the foregoing dispute, the Court and parties informally addressed defense counsel's request that only one of Plaintiffs' counsel assert objections during depositions. The Court declined to so limit the number of counsel permitted to pose objections. The parties also raised an issue concerning the length and format of various depositions. The Court did not provide a binding ruling on that issue. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/29/2019. (Valdez, E)
April 26, 2019 Opinion or Order Filing 85 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 4/26/2019: INFORMAL TELEPHONIC CONFERENCE re DEPOSITION DISCOVERY DISPUTE - held. Order to follow. Plaintiffs' Counsel: Kitty Szeto and Philip Downey appeared by telephone - present. Defendants' Counsel: Lisa Pooley appeared by telephone - present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E)
April 25, 2019 Opinion or Order Filing 83 WITHDRAWAL of #82 MOTION for PROTECTIVE ORDER Defendants' Notice of Motion and Motion for a Protective Order filed by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
April 24, 2019 Opinion or Order Filing 84 MINUTE ORDER (TEXT Only): The hearing on Defendants' Motion to Compel Discovery (Doc. No. 78) currently set for April 26, 2019 at 9:30 a.m. before Magistrate Judge Barbara A. McAuliffe is hereby VACATED. Pursuant to Local Rule 230(g) (Fed. R. Civ. P. 78), the Court will take the motion under submission. MOTION SUBMITTED. If the Court determines that a hearing will be necessary following review of the parties' papers, a hearing will be set by the Court. (Gonzales, V)
April 22, 2019 Opinion or Order Filing 82 MOTION for PROTECTIVE ORDER Defendants' Notice of Motion and Motion for a Protective Order by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 5/17/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Pooley, Lisa)
April 22, 2019 Opinion or Order Filing 81 MOTION for DISCOVERY Defendants' Notice of Motion and Motion to Compel Discovery by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 5/17/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Pooley, Lisa)
April 22, 2019 Opinion or Order Filing 80 STATEMENT of Joint Statement Regarding Discovery Dispute by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company re #78 MOTION to COMPEL Discovery . (Attachments: #1 Declaration of John M. Bickford, #2 Declaration Lisa M. Pooley)(Pooley, Lisa)
April 18, 2019 Opinion or Order Filing 79 MINUTE ORDER:***TEXT ENTRY ONLY***(TIME CHANGE ONLY) To accommodate the Court's law and motion schedule, the Motion to Compel on calendar for April 26, 2019, WILL BE HEARD at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties are encouraged to appear telephonically and may do so bydialing 1-877-411-9748; passcode 3190866 at the time of the hearing. Because the Court may be hearing other matters using the same conference line, please wait to state your appearance. (Gonzales, V)
March 28, 2019 Opinion or Order Filing 78 MOTION to COMPEL Discovery by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 4/26/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Pooley, Lisa)
March 14, 2019 Opinion or Order Filing 77 MINUTE ORDER ***TEXT ENTRY ONLY*** The Class Certification Motion Hearing set for 12/6/2019 is RESET for 12/09/2019, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Signed by District Judge Anthony W. Ishii on 03/14/2019. (Gonzales, V)
March 13, 2019 Opinion or Order Filing 76 ORDER re Stipulation to Continue Class Certification Motion Hearing, signed by Magistrate Judge Barbara A. McAuliffe on 3/12/19. Motion Hearing set for 12/6/2019 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzalez, R)
March 8, 2019 Opinion or Order Filing 75 STIPULATION and PROPOSED ORDER for to Continue Class Certification Motion Hearing re 74 Minute Order,,,,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,,,, by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
February 25, 2019 Opinion or Order Filing 74 MINUTE ORDER (TEXT Only): On February 22, 2019, the Court held a further informal discovery dispute status conference on the record to address the issues outlined in Plaintiffs' Discovery Report (Doc. #72 ). Having considered the parties' briefing and arguments, and for the reasons stated on the record, IT IS HEREBY ORDERED as follows: (1) Plaintiffs' motion to compel the 25% sample of time and pay records for the class is DENIED as moot. Defendants have produced the 25% sample; (2) Plaintiffs' motion to compel additional time off request forms is DENIED as moot. Defendants have located additional responsive records, which will be obtained next week and produced following defense counsel's review; (3) Plaintiffs' motion to compel payroll variance forms dated post 2016 is DENIED as moot. Defendants have located and will produce additional responsive forms; (4) Plaintiffs' motion to compel production of paid vacation day request forms is DENIED as moot. Following an inquiry, Defendants do not believe such documents exist. Defendants will continue to inquire with various departments to determine if responsive documents can be located; (5) Plaintiffs' motion to compel correspondence and communications regarding overstaffing, de-crewing and reporting pay time based on additional search terms and additional supervisory custodians is DENIED as moot. As agreed at the conference, Defendants will use the previously agreed upon search terms list to search for and produce additional non-privileged correspondence to or from Robert Tuttrup and/or Kes Andersen; (6) Plaintiffs' motion to compel Defendants to search personnel files and produce disciplinary records identified in an excel spreadsheet of violations is DENIED. The requested documents concerning discipline of employees for returning late from meal and/or rest breaks are not relevant to Plaintiffs' claims regarding Defendants' purported policy of requiring employees to remain on call during their meals and/or rest breaks. Further, Defendants have represented that none of the previously released personnel files contain records indicating that employees were disciplined for refusing a call during those breaks; (7) Plaintiffs' motion to compel production of daily assignment sheets requested by RFP 2 is DENIED as premature. The deadline for Defendants' response has not expired; and (8) Plaintiffs' request for a videotaped plant inspection/time study is DENIED. The requested time study is not relevant to the claims in this action. As a final matter, the Court addressed Plaintiffs' Motion for Order Extending Discovery and Class Certification Briefing Deadlines. (Doc. #34 .) Based on the agreement of the parties to extend the deadlines an additional sixty (60) days, and good cause appearing, the motion to extend the remaining deadlines in the Court's Preliminary Scheduling Order (Doc. #21 ) is GRANTED. Accordingly, the class certification deadlines are extended as follows: Non-Expert Discovery Cutoff is May 7, 2019; Class Certification Motion Filing Deadline is June 3, 2019, with any opposition due August 27, 2019, and reply due November 19, 2019; Class Certification Motion Hearing is set for November 29, 2019, at 1:30 PM in Courtroom 2 (AWI) before Senior District Judge Anthony W. Ishii. This order resolves all current discovery disputes in this action. Any new discovery disputes encountered by the parties shall be addressed separately through the Court's informal discovery process. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/25/2019. (Valdez, E)
February 22, 2019 Opinion or Order Filing 73 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 2/22/2019: FURTHER INFORMAL DISCOVERY DISPUTE STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Philip Downey appeared by telephone - present. Defendants' Counsel Lisa Pooley appeared by telephone - present. Court Reporter/CD Number: ECRO. (Valdez, E)
February 20, 2019 Opinion or Order Filing 72 STATEMENT of Plaintiffs re: Discovery Status by Plaintiff Isaias Vasquez. (Downey, Philip)
February 20, 2019 Opinion or Order Filing 71 STATEMENT of Defendants' Discovery Report in Advance of Status Conference by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company re 67 Minute Order,,,,,,,,,,,,,,, Set/Reset Deadlines and Hearings,,,,,,,,,,,,,,. (Pooley, Lisa)
February 12, 2019 Opinion or Order Filing 70 ANSWER by Leprino Foods Company, Leprino Foods Dairy Products Company.(Pooley, Lisa)
February 8, 2019 Opinion or Order Filing 69 ASSOCIATION of ATTORNEY: Added attorney R Rex Parris,Kitty Kit Yee Szeto,John M Bickford for Linda Hefke,R Rex Parris,Kitty Kit Yee Szeto,John M Bickford for Isaias Vasquez. (Szeto, Kitty Kit)
February 6, 2019 Opinion or Order Filing 68 NOTICE of Withdrawal of Motion for Sanctions by All Plaintiffs re #63 MOTION for SANCTIONS . (Rouen, Eric)
February 1, 2019 Opinion or Order Filing 67 MINUTE ORDER (TEXT Only): On February 1, 2019, the Court held a further telephonic informal discovery dispute conference on the record to address any remaining disputes following meet and confer efforts regarding documents at issue in Plaintiffs' Motion to Compel Production of Documents and Plaintiffs' Motion for Order Extending Discovery & Class Certification Deadlines. The parties have stipulated to an informal ruling on these disputed matters. With respect to the motion for continuation of discovery deadlines, the parties were directed to meet and confer regarding extension of the deadlines an additional sixty (60) days in this action with a corresponding extension of time in Perez v. Leprino, 17-cv-0686-AWI-BAM. The Court declined to address extension of the Perez deadlines in the absence of counsel for Plaintiff John Perez. With respect to the motion to compel production of documents, according to the Joint Discovery Report filed on January 30, 2019, meet and confer efforts successfully resolved the following disputes: (1) 25% sample of time and pay records for the class; (2) handbooks; (3) job descriptions of putative class members; (4) policies and training materials related to Plaintiffs' claims; (5) time off request forms; (6) payroll variance forms; and (7) exemplars of wage statement used during the class periods. As to the remaining disputes, having considered the joint statement and the parties' arguments, IT IS HEREBY ORDERED as follows: (1) Plaintiffs' motion to compel production of break relief logs is DENIED as moot. Plaintiffs will serve a request for Break Relief Logs in a "RFP, Set Two," and Defendants have agreed to respond; (2) Plaintiffs' motion to compel production of correspondence and communications regarding overstaffing, de-crewing and reporting time pay is DENIED as moot. Plaintiffs have agreed to provide relevant search terms to Defendants no later than February 4, 2019. Thereafter, Defendants will use mutually agreed upon keywords to search for and produce additional, responsive, non-privileged electronic documents; (3) Plaintiffs' motion to compel disciplinary records related to employees returning late for meal and/or rest breaks is DENIED as moot. The documents at issue have been requested through alternative means in the form of signed releases from employees. Further, the request at issue is unduly burdensome by requiring Defendants to search through all employee personnel files; (4) Plaintiff's motion to compel production of daily assignment sheets is DENIED as moot. Plaintiffs have agreed to serve a RFP, Set Two for the production of these documents, and Defendants have agreed to respond. With regard to any new discovery issues raised by the parties in their joint statement or during the course of the conference, the Court sets a FURTHER INFORMAL DISCOVERY DISPUTE STATUS CONFERENCE for February 22, 2019, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address those issues. No later than February 20, 2019, each party shall file a two-page summary identifying the remaining discovery disputes. Based on Plaintiffs' representation to the Court that they intend to withdraw their pending motion for sanctions (Doc. #63 ), the parties may appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/1/2019. (Valdez, E)
February 1, 2019 Opinion or Order Filing 66 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 2/1/2019: FURTHER TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE - held. Order to follow. Plaintiffs' Counsel: Philip A. Downey appeared by telephone - present. Defendants' Counsel: Lisa M. Pooley appeared by telephone - present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E)
February 1, 2019 Opinion or Order Filing 65 EXHIBIT E (sworn Dec of Robert Gibson & F (Break Relief Logs/Sheets) re #63 MOTION for SANCTIONS filed by Linda Hefke. (Downey, Philip)
February 1, 2019 Opinion or Order Filing 64 DECLARATION of Philip A. Downey in support of #63 MOTION for SANCTIONS . (Downey, Philip)
January 31, 2019 Opinion or Order Filing 63 MOTION for SANCTIONS by Linda Hefke. Motion Hearing set for 2/22/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Memorandum Points & Authorities ISO Sanctions, #2 Declaration Certification of Good Faith Attempt to Confer)(Downey, Philip)
January 30, 2019 Opinion or Order Filing 62 NOTICE Joint Discovery Report by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa)
January 29, 2019 Opinion or Order Filing 61 THIRD AMENDED COMPLAINT against All Defendants by Isaias Vasquez, Linda Hefke.(Lee, Cory)
January 29, 2019 Opinion or Order Filing 60 ORDER GRANTING Motion for Leave to File a Third Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 1/29/19. Amended Complaint Due Within Seven Days. (Marrujo, C)
January 24, 2019 Opinion or Order Filing 59 REPLY by Linda Hefke, Isaias Vasquez re #35 MOTION to AMEND the #25 Amended Complaint. (Lee, Cory)
January 18, 2019 Opinion or Order Filing 58 PROPOSED ORDER re Denying Plaintiffs' Motion for Leave to File Third Amended Complaint re #35 MOTION to AMEND the #25 Amended Complaint. (Kaban, Molly)
January 18, 2019 Opinion or Order Filing 57 DECLARATION of Daniel R. Lentz in opposition to #35 MOTION to AMEND the #25 Amended Complaint. (Kaban, Molly)
January 18, 2019 Opinion or Order Filing 56 DECLARATION of Lisa M. Pooley in opposition to #35 MOTION to AMEND the #25 Amended Complaint. (Kaban, Molly)
January 18, 2019 Opinion or Order Filing 55 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #35 MOTION to AMEND the #25 Amended Complaint. (Kaban, Molly)
January 16, 2019 Opinion or Order Filing 54 MINUTE ORDER (TEXT Only): On January 16, 2019, the Court held an off-the-record informal discovery dispute conference to address issues raised in Plaintiffs' Motion to Compel Production of Documents (Doc. #32 ), Plaintiffs' Motion for Order Extending Discovery & Class Certification Briefing Deadlines (Doc. #34 ), and Plaintiffs' Ex Parte Application for Order Shortening Time for Hearing on Motion for Order Extending Discovery & Class Certification Briefing Deadlines (Doc. #36 ). The parties stipulated to an informal ruling on these matters. Following review of the parties' informal discovery dispute letter briefs (Docs. #51 , #52 ), and the arguments presented during the course of the informal discovery dispute conference, it is HEREBY ORDERED as follows: The parties are DIRECTED to meet and confer to resolve the discovery requests and disputes outlined in Plaintiffs' Informal Discovery Dispute Letter Brief (Doc. #51 ) to include the following: (1) 25% sample of time and pay records for the class; (2) job description of class members; (3) policies and training materials related to Plaintiffs' claims; (4) time off request forms; (5) payroll variance forms; (6) break relief logs; (7) correspondence and communications re overstaffing, de crewing, reporting time pay; (8) disciplinary records for returning late for meal and/or rest breaks; (9) exemplars of wage statements used during the class period, and (10) daily assignment sheets. The parties also are DIRECTED to meet and confer regarding modification of the scheduling conference dates for this action (and any other related cases). The Court SETS a FURTHER TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE for February 1, 2019, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At least two (2) days prior to the conference, and no later than January 30, 2019, the parties shall file a joint status report identifying any outstanding discovery disputes as outlined in Plaintiffs' Informal Discovery Dispute Letter Brief (Doc. #51 ). It is FURTHER ORDERED that the hearing on Plaintiffs' Motion to Compel Production of Documents currently scheduled for January 18, 2019, and the hearing on Plaintiffs' Motion for Order Extending Discovery & Class Certification Briefing Deadlines currently scheduled for February 1, 2019, are VACATED (Docs. #32 , #34 ), and Plaintiffs' Ex Parte Application for Order Shortening Time for Hearing on Motion for Order Extending Discovery & Class Certification Briefing Deadlines is DENIED as moot (Doc. #36 ). In addition to the foregoing, the Court intends to address Plaintiffs' pending Motion to Amend (Doc. #35 ) during the conference scheduled for February 1, 2019, at 9:30 AM in Courtroom 8 (BAM). The parties may file an opposition and reply to the Motion to Amend in conformance with the deadlines set forth in Local Rule 230(c) prior to the conference. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/16/2019. (Valdez, E)
January 16, 2019 Opinion or Order Filing 53 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 1/16/2019: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE - held. Order to follow. Plaintiffs' Counsel Philip A. Downey appeared by telephone - present. Defendants' Counsle Lisa M. Pooley and Molly L. Kaban appeared by telephone - present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E)
January 15, 2019 Opinion or Order Filing 52 INFORMAL DISCOVERY DISPUTE LETTER BRIEF submitted by Defendants' Counsel, Lisa Pooley Downey, on 1/14/2019. (Valdez, E)
January 15, 2019 Opinion or Order Filing 51 INFORMAL DISCOVERY DISPUTE LETTER BRIEF submitted by Plaintiffs' Counsel, Philip Downey, on 1/13/2019. (Valdez, E)
January 14, 2019 Opinion or Order Filing 50 MINUTE ORDER: (TEXT Only) Parties wishing to appear telephonically at the MOTIONS HEARING currently set for Friday, January 18, 2019 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/14/2019. (Valdez, E)
January 13, 2019 Opinion or Order Filing 49 DECLARATION of Philip A. Downey, Esq. in support of #34 MOTION for 90-DAY EXTENSION OF TIME to Complete Discovery and File a Motion for Class Certification. (Attachments: #1 Exhibit 1-2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 6-7, #5 Exhibit 5, #6 Exhibit 8-9, #7 Exhibit 10-11, #8 Exhibit 12, #9 Exhibit 13)(Downey, Philip)
January 11, 2019 Opinion or Order Filing 48 DECLARATION in support of #36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte. (Downey, Philip)
January 11, 2019 Opinion or Order Filing 47 PROPOSED ORDER re Application for Shotened Hearing and Reply Briefing re Motion for Extensionof Discovery & Class Certification Deadlines re #36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte, #34 MOTION for 90-DAY EXTENSION OF TIME to Complete Discovery and File a Motion for Class Certification by Linda Hefke. (Downey, Philip)
January 11, 2019 Opinion or Order Filing 46 REPLY by Linda Hefke to RESPONSE to #36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte, #34 MOTION for 90-DAY EXTENSION OF TIME to Complete Discovery and File a Motion for Class Certification. (Downey, Philip)
January 11, 2019 Opinion or Order Filing 45 DECLARATION of Phillip A. Downey re #36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte. (Rouen, Eric)
January 9, 2019 Opinion or Order Filing 44 MINUTE ORDER (TEXT Only): On January 9, 2019, the Court held an off-the-record informal telephone conference to address Defendants' request to exclude non-party Brandy Brewer from the deposition of a defense witness. The parties to this action stipulated to an informal ruling. Pursuant to Federal Rule of Civil Procedure 26(c)(1)(E), the court may, for good cause, issue an order designating the persons who may be present while discovery is conducted in order to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. Having considered the arguments of counsel, the Court finds good cause to exclude Ms. Brewer from the deposition, and Defendants' request for a protective order precluding her attendance is HEREBY GRANTED. Fed. R. Civ. P. 26(c)(1)(E). As discussed at the conference, Ms. Brewer is not an expert witness and is not a party to this action. She also is not entitled to attend the deposition under the Federal Rules of Civil Procedure. Further, as Ms. Brewer is a party in an unrelated lawsuit against Defendant Leprino Foods Company, her presence may have a negative impact on the nature of the deposition. Although Plaintiffs' counsel indicated a desire to consult with Ms. Brewer during the course of the deposition, he agreed that Ms. Brewer could wait outside the deposition and be consulted during breaks. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/9/2019. (Valdez, E)
January 9, 2019 Opinion or Order Filing 43 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 1/9/2019: INFORMAL TELEPHONIC CONFERENCE re DISCOVERY DISPUTE - held. Order to follow. Plaintiffs' Counsel Philip A. Downey appeared by telephone - present. Defendants' Counsel Lisa M. Pooley appeared by telephone - present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E)
January 9, 2019 Opinion or Order Filing 42 MINUTE ORDER (TEXT Only): The parties in this case have contacted the Court for a date & time re a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE and the parties have agreed to the following: January 16, 2019 at 9:00 AM before Magistrate Judge Barbara A. McAuliffe. A two-page synopsis ONLY, either in memo or letter format, should be submitted to chambers by January 14, 2019 at 9:00 am, via email as an attachment to: bamorders@caed.uscourts.gov - by each counsel, outlining their respective positions, including summarizing the facts and relevant legal arguments. NO attachments or exhibits, two pages ONLY. The parties may appear at the conference by telephone with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed signed by Magistrate Judge Barbara A. McAuliffe on 1/9/2019. (Valdez, E)
January 7, 2019 Opinion or Order Filing 41 MINUTE ORDER: (TEXT Only) Plaintiffs filed a Notice of Motion to Compel on December 17, 2018, which is scheduled for hearing on January 18, 2019. (Doc. #32 ) Plaintiffs also filed a motion to extend time to complete discovery and file a motion for class certification (Doc. #34 ), along with a motion to shorten time for hearing that motion (Doc. #36 ). Judge McAuliffe encourages the parties to resolve these matters informally through this Court's informal discovery resolution process. The Court routinely employs an informal discovery resolution process whereby the Court will rule on a discovery dispute via a telephonic conference, provided the parties stipulate to an informal resolution. If the parties are unwilling to stipulate to an informal ruling for these particular motions, the Court will still require that the conference take place to offer guidance on the matter. The Court is available for a telephonic conference on Monday, January 14, 2019, at 9:00AM or 10:00 AM; Tuesday, January 15, 2019 at 9:00 AM, or Wednesday, January 16, 2019, at 9:00 AM. No later than Wednesday, January 9, 2019, at 12:00 PM, the parties shall meet and confer and advise Courtroom Deputy Esther Valdez at 559-499-5788 if they are amenable to an informal discovery dispute resolution, as well as provide a date that is convenient to hold the conference. Regardless of whether the Court will issue an informal ruling on the motion, two days before the conference, each party should submit a two-page statement briefly outlining their respective positions, including summarizing the facts and relevant legal arguments. The parties may appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/7/2019. (Valdez, E)
January 7, 2019 Opinion or Order Filing 40 PROPOSED ORDER re Denying Plaintiffs' Ex Parte Application for Order Shortening Time for Hearing on Motion for Order Extending Discovery & Class Certification Briefing Deadlines re #38 Opposition to Motion. (Kaban, Molly)
January 7, 2019 Opinion or Order Filing 39 DECLARATION of Lisa M. Pooley in opposition to #36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte. (Kaban, Molly)
January 7, 2019 Opinion or Order Filing 38 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte. (Kaban, Molly)
January 7, 2019 Opinion or Order Filing 37 NOTICE of APPEARANCE by Molly L. Kaban on behalf of Leprino Foods Company, Leprino Foods Dairy Products Company. Attorney Kaban, Molly L. added. (Kaban, Molly)
January 4, 2019 Opinion or Order Filing 36 MOTION to SHORTEN TIME for Hearing on Plaintiffs' Motion to Extend Discovery and Class Certification Deadlines Ex Parte by Linda Hefke, Isaias Vasquez. Motion Hearing set for 1/18/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Proposed Order)(Lee, Cory)
January 4, 2019 Opinion or Order Filing 35 MOTION to AMEND the #25 Amended Complaint by Linda Hefke, Isaias Vasquez. Motion Hearing set for 2/1/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Declaration, #2 Proposed Order)(Lee, Cory)
January 4, 2019 Opinion or Order Filing 34 MOTION for 90-DAY EXTENSION OF TIME to Complete Discovery and File a Motion for Class Certification by Linda Hefke, Isaias Vasquez. Motion Hearing set for 2/1/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Proposed Order)(Lee, Cory)
December 20, 2018 Opinion or Order Filing 33 PRO HAC VICE ORDER Added attorney Philip A Downey, PHV for Linda Hefke and for Isaias Vasquez, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/18. (Marrujo, C)
December 17, 2018 Opinion or Order Filing 32 MOTION to COMPEL Production of Documents by Isaias Vasquez. Motion Hearing set for 1/18/2019 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Rouen, Eric)
December 17, 2018 Opinion or Order Filing 31 NOTICE of Association of Counsel by All Plaintiffs. Attorney Rouen, Eric Daniel added. (Rouen, Eric)
December 14, 2018 Opinion or Order Filing 30 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Linda Hefke for attorney Philip A. Downey to appear Pro Hac Vice. Attorney Rumph, Randall Martin added. (Filing fee $ 225, receipt number 0972-8017267) (Rumph, Randall)
December 3, 2018 Opinion or Order Filing 29 PRO HAC VICE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 12/3/18. Added attorney Robert Gibson, PHV for Linda Hefke,Robert Gibson, PHV for Isaias Vasquez. (Gonzalez, R)
November 30, 2018 Opinion or Order Filing 28 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Linda Hefke, Isaias Vasquez for attorney Robert Gibson to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-7996211) (Lee, Cory)
October 25, 2018 Opinion or Order Filing 27 ANSWER by Leprino Foods Company, Leprino Foods Dairy Products Company. Attorney Lentz, Daniel Robert added.(Lentz, Daniel)
October 11, 2018 Opinion or Order Filing 26 STIPULATION and ORDER for Leave to File Second Amended Complaint; ORDER Directing the Clerk to Update the Docket to Reflect Plaintiff's Correct Name: Isaias Vasquez signed by Magistrate Judge Barbara A. McAuliffe on 10/11/2018. (Flores, E)
August 30, 2018 Opinion or Order Filing 25 SECOND AMENDED COMPLAINT against Leprino Foods Company, Leprino Foods Dairy Products Company by Victor Vasquez, Linda Hefke. (Attachments: #1 Proposed Order Stipulation and Proposed Order for Leave to File Second Amended Complaint)(Lee, Cory)
June 26, 2018 Opinion or Order Filing 24 STIPULATE PROTECTED ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 6/26/2018. The Court adopts the stipulated protective order submitted by the parties. However, in addition to the above stipulation, the parties are advised that pursuant to the Local Rules of the United States District Court, Eastern District of California, any documents to be filed under seal and specifically the documents referred to in paragraph 12.3 must be accompanied by a written request which complies with Local Rule 141 prior to sealing. The party making a request to file documents under seal shall be required to show good cause for documents attached to a nondispositive motion or compelling reasons for documents attached to a dispositive motion. Pintos v. Pacific Creditors Assn, 605 F.3d 665, 677-78 (9th Cir. 2009). Within five (5) days of any approved document filed under seal, the party shall file a redacted copy of the sealed document. The redactions shall be narrowly tailored to protect only the information that is confidential or was deemed confidential. (Valdez, E)
June 20, 2018 Opinion or Order Filing 23 STIPULATION and PROPOSED ORDER for Protective Order by Victor Vasquez. (Lee, Cory)
April 18, 2018 Opinion or Order Filing 22 NOTICE of APPEARANCE by Randall Martin Rumph on behalf of Victor Vasquez. Attorney Rumph, Randall Martin added. (Rumph, Randall)
April 6, 2018 Opinion or Order Filing 21 Preliminary Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 4/6/2018. (Rule 26 Initial Disclosure due by 5/17/2018; Amendments to Pleadings due by 1/4/2019; Non Expert Discovery due by 3/8/2019; Class Certification Motions filed by 4/4/2019; Class Certification Opposition due by 6/28/2019; Class Certification Reply due by 9/20/2019; Class Certification Motion Hearing set for 9/30/2019 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii) (Rosales, O)
April 5, 2018 Opinion or Order Filing 20 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe: INITIAL SCHEDULING CONFERENCE held on 4/5/2018. Order to follow. Plaintiffs' Counsel Cory Lee appeared by telephone - present. Defendants' Counsel Lisa Pooley appeared by telephone - present. Court Reporter/CD Number: In chambers, off the record. (Valdez, E)
March 29, 2018 Opinion or Order Filing 19 JOINT SCHEDULING REPORT by Linda Hefke, Victor Vasquez. (Lee, Cory)
January 26, 2018 Opinion or Order Filing 18 MINUTE ORDER (TEXT Only): In light of the pending Motion to Dismiss in the related action (Doc. 6) and in the interest ofjudicial economy, the Initial Scheduling Conference currently scheduled for 2/6/2018 at 9:00 a.m. is HEREBY CONTINUED to April 5, 2018, at 9:00 a.m.in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Word format, to bamorders@caed.uscourts.gov. signed by Magistrate Judge Barbara A. McAuliffe on 1/26/2018. (Herman, H)
December 22, 2017 Opinion or Order Filing 17 ORDER GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS, signed by District Judge Anthony W. Ishii on 12/22/2017. (Kusamura, W)
November 17, 2017 Opinion or Order Filing 16 MINUTE ORDER (TEXT Only): Due to the press of business, the Initial SCHEDULING CONFERENCE is continued from 1/29/2018 to February 6, 2018 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Parties wishing to appear telephonically may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2017. (Herman, H)
September 25, 2017 Opinion or Order Filing 15 MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 10/5/2017 to January 29, 2018 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. NOTE: currently under submission before Judge Ishii (Doc. 14) is Motion for Judgment (Doc. 10). signed by Magistrate Judge Barbara A. McAuliffe on 9/25/2017. (Herman, H)
August 15, 2017 Opinion or Order Filing 14 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed #10 Motion for Judgment noticed for hearing on 8/21/2017 before Senior District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). And, as such, the hearing on same is VACATED and the matter will be taken under submission as of that date, signed by District Judge Anthony W. Ishii on 8/15/2017. (Kusamura, W)
August 14, 2017 Opinion or Order Filing 13 REPLY by Leprino Foods Company, Leprino Foods Dairy Products Company to RESPONSE to #10 MOTION for JUDGMENT on the Pleadings as to Plaintiffs' Fourth Cause of Action; Memorandum of Points and Authorities. (Pooley, Lisa)
August 4, 2017 Opinion or Order Filing 12 OPPOSITION by Linda Hefke to #10 MOTION for JUDGMENT on the Pleadings as to Plaintiffs' Fourth Cause of Action; Memorandum of Points and Authorities. (Lee, Cory)
July 24, 2017 Opinion or Order Filing 11 MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the pending Motion for Judgment #10 , the Initial Scheduling Conference currently set for 8/8/2017, is CONTINUED TO 10/5/2017, at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Parties are reminded that A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Word format, to bamorders@caed.uscourts.gov. The parties wishing to appear telephonically for said hearing, may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. signed by Magistrate Judge Barbara A. McAuliffe on 7/24/2017. (Thorp, J)
July 21, 2017 Opinion or Order Filing 10 MOTION for JUDGMENT on the Pleadings as to Plaintiffs' Fourth Cause of Action; Memorandum of Points and Authorities by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 8/21/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Mabe, Kyle)
June 30, 2017 Opinion or Order Filing 9 ANSWER by Leprino Foods Company, Leprino Foods Dairy Products Company.(Mabe, Kyle)
June 23, 2017 Opinion or Order Filing 8 MINUTE ORDER ( TEXT ONLY): with the Order Relating and Reassigning Case by District Judge Ishii on 6/14/2017 (Doc. 4) - the SCHEDULING CONFERENCE is ADVANCED from the calendar of 9/21/2017 before Judge Oberto to August 8, 2017 at 09:00 AM in Courtroom 8 (BAM) before Judge McAuliffe. A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference (attached to this entry),one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Word format, to bamorders@caed.uscourts.gov. The new case number is: 1:17-cv-00796-AWI-BAM, to be used on all future filings. The parties wishing to appear telephonically for said hearing, may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. signed by Magistrate Judge Barbara A. McAuliffe on 6/23/2017. (Herman, H)
June 16, 2017 Opinion or Order Filing 7 FIRST AMENDED COMPLAINT against Leprino Foods Company, Leprino Foods Dairy Products Company by Victor Vasquez, Linda Hefke.(Lee, Cory)
June 16, 2017 Opinion or Order Filing 6 RESPONSE by Linda Hefke, Victor Vasquez to #3 Notice of Related Case - ATY, #4 Order. (Lee, Cory)
June 15, 2017 Opinion or Order Filing 5 NOTICE to Adverse Party And To State Court of Removal of Action to Federal Court by Leprino Foods Company, Leprino Foods Dairy Products Company re #1 Notice of Removal,. (Attachments: #1 Exhibit)(Mabe, Kyle)
June 14, 2017 Opinion or Order Filing 4 ORDER Relating and Reassigning Case, signed by District Judge Anthony W. Ishii on 6/14/17: The Clerk of the Court is directed to relate this action to Finder v. Leprino, Case No. 1:13-cv-02059 AWI BAM. (Hellings, J)
June 13, 2017 Opinion or Order Filing 3 NOTICE of RELATED CASE 1:13-cv-02059, 1:15-cv-00105, 1:17-cv-00686 by Leprino Foods Company, Leprino Foods Dairy Products Company. (Mabe, Kyle)
June 13, 2017 Opinion or Order Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 9/21/2017 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Sant Agata, S)
June 12, 2017 Opinion or Order Filing 1 NOTICE of REMOVAL from Superior Court of California, County of Kings, case number 17C0129 by Leprino Foods Dairy Products Company, Leprino Foods Company. (Filing fee $ 400, receipt number 0972-7106009) (Attachments: #1 Civil Cover Sheet, #2 Notice Corporate Disclosure Statement for Defendants Leprino Foods Company and Leprino Foods Dairy Products Company, #3 Proof of Service)(Mabe, Kyle)

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Search for this case: Vasquez et al v. Leprino Foods Company et al
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Plaintiff: Isaias Vasquez
Represented By: Cory Lee
Represented By: Kitty Kit Yee Szeto
Represented By: Philip A. Downey, PHV
Represented By: Robert Gibson, PHV
Represented By: Alexander Russell Wheeler
Represented By: Eric Daniel Rouen
Represented By: John M Bickford
Represented By: R. Rex Parris
Represented By: Randall Martin Rumph
Represented By: Ryan Crist
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Plaintiff: Linda Hefke
Represented By: Cory Lee
Represented By: Kitty Kit Yee Szeto
Represented By: Philip A. Downey, PHV
Represented By: Randall Martin Rumph
Represented By: Robert Gibson, PHV
Represented By: Alexander Russell Wheeler
Represented By: Eric Daniel Rouen
Represented By: John M Bickford
Represented By: R. Rex Parris
Represented By: Ryan Crist
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Defendant: Leprino Foods Company
Represented By: Lisa M. Pooley
Represented By: Sandra L. Rappaport
Represented By: Amanda M. Osowski
Represented By: Daniel Robert Lentz
Represented By: Gymmel M. Trembly
Represented By: Molly L. Kaban
Represented By: Winston K. Hu
Represented By: Kyle Aaron Mabe
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Defendant: Leprino Foods Dairy Products Company
Represented By: Lisa M. Pooley
Represented By: Sandra L. Rappaport
Represented By: Amanda M. Osowski
Represented By: Daniel Robert Lentz
Represented By: Gymmel M. Trembly
Represented By: Molly L. Kaban
Represented By: Winston K. Hu
Represented By: Kyle Aaron Mabe
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