Barajas, et al. v. Blue Diamond Growers Inc, et al.
| Luis Barajas, Elba Vizcaino and Maria Vargas |
| Patricia Aguilar, Blue Diamond Growers Inc, Denise Horn and Resham Klair |
| 1:2020cv00679 |
| May 13, 2020 |
| US District Court for the Eastern District of California |
| Sheila K Oberto |
| Jennifer L Thurston |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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Filing 49
ORDER GRANTING Defendants' #43 Motion to Dismiss; ORDER GRANTING Leave to Amend, signed by District Judge Jennifer L. Thurston on 3/1/2023. 45-Day Deadline. (Marrujo, C)
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Filing 48
MINUTE ORDER (Text Only Entry) The Court is aware that at least one motion remains under submission before the undersigned in this matter. As a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may be six or more months until the motion(s) in this matter is resolved. The Court reiterates that the magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should any party wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on October 12, 2022. (Munoz, I)
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Filing 47
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 9/9/2022: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 9/27/2022, is CONTINUED to 5/2/2023, at 9:30 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 46
REPLY by Blue Diamond Growers Inc, Denise Horn to RESPONSE to #43 Motion to Dismiss,. (Ebsworth, Phillip)
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Filing 45
OPPOSITION by Luis Barajas to #43 Motion to Dismiss,. (Quezada, Gonzalo)
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Filing 44
MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion to dismiss #43 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 80 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on August 15, 2022. (Munoz, I)
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Filing 43
MOTION to DISMISS by Blue Diamond Growers Inc, Denise Horn. Motion Hearing set for 9/13/2022 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Phillip J. Ebsworth, #3 Request for Judicial Notice)(Ebsworth, Phillip)
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Filing 42
THIRD AMENDED COMPLAINT against Blue Diamond Growers Inc, Denise Horn by Luis Barajas.(Martinez, Hector)
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Filing 41
Stipulation and request and Order extending time to respond to second amended complaint and file amended complaint; Order continuing scheduling conference, signed by Magistrate Judge Sheila K. Oberto on 7/12/2022. (Initial Scheduling Conference currently set for 8/30/2022 has been CONTINUED to 9/27/2022 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto)(Rosales, O.)
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Filing 40
STIPULATION and PROPOSED ORDER for Extension of Time to Respond re 39 Minute Order,, Set/Reset Deadlines and Hearings, #38 Stipulation by Luis Barajas. (Martinez, Hector)
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Filing 39
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 6/16/2022: (Text Only Entry) Due to the status of the case, the Initial Scheduling Conference currently set for 7/14/2022, is CONTINUED to 8/30/2022, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 38
STIPULATION re #36 Amended Complaint to Extend Time to Respond by Blue Diamond Growers Inc, Denise Horn. (Ebsworth, Phillip)
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Filing 37
NOTICE OF APPEARANCE OF NEW COUNSEL by All Plaintiffs. (Martinez, Hector)
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Filing 36
SECOND AMENDED COMPLAINT against Blue Diamond Growers Inc, Denise Horn by Luis Barajas, Elba Vizcaino, Maria Vargas. (Attachments: #1 Civil Cover Sheet)(Martinez, Hector)
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Filing 35
ORDER GRANTING Defendants' #16 Motion to Dismiss ; ORDER GRANTING Leave to Amend, signed by District Judge Jennifer L. Thurston on 04/13/2022. ( Second Amended Complaint due within 45-Day Deadline) (Martin-Gill, S)
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Filing 34
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 4/8/2022: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 5/26/2022, is CONTINUED to 7/14/2022, at 9:45 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 33
NOTICE OF WITHDRAWAL OF COUNSEL by Luis Barajas. (Martinez, Hector)
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Filing 32
NOTICE of APPEARANCE by Michelle L. DuCharme on behalf of Blue Diamond Growers Inc, Denise Horn, Resham Klair. Attorney DuCharme, Michelle L. added. (DuCharme, Michelle)
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Filing 31
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 2/16/2022: (Text Only Entry) In light of the pending motion(s), the Initial Scheduling Conference currently set for 3/17/2022, is CONTINUED to 5/26/2022, at 9:45 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 30
DESIGNATION of COUNSEL FOR SERVICE., attorney Youlet Ovrahim terminated (Turner, Coby)
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Filing 29
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Rivera, O)
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Filing 28
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Marrujo, C)
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Filing 27
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Robles, S)
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Filing 26
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 10/7/2021: (Text Only Entry) Due to the pending motion(s), the Initial Scheduling Conference currently set for 10/28/2021, is CONTINUED to 3/17/2022, at 9:30 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 25
ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION TO COMPEL AND VACATING HEARING. Order signed by Magistrate Judge Sheila K. Oberto on 9/27/2021. (Kusamura, W)
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Filing 24
JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Defendants Blue Diamond Growers Inc, Resham Klair. (Attachments: #1 Declaration of Coby M. Turner)(Turner, Coby)
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Filing 23
MOTION to COMPEL DISCOVERY RESPONSES by Luis Barajas, Maria Vargas, Elba Vizcaino. Motion Hearing set for 9/29/2021 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS, #2 Declaration DECLARATION OF JUAN GAMBOA IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS, #3 Exhibit Exhibit 1 to JG Declaration, #4 Exhibit Exhibit 2 to JG Declaration, #5 Exhibit Exhibit 3 to JG Declaration, #6 Exhibit Exhibit 4 to JG Declaration, #7 Exhibit Exhibit 5 to JG Declaration, #8 Proposed Order PROPOSED ORDER GRANTING PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS)(Gamboa, Juan)
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Filing 22
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 8/4/2021: (Text Only Entry) Due to the pending motion(s), the Initial Scheduling Conference currently set for 8/24/2021, is CONTINUED to 10/28/2021, at 9:30 AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference. (Kusamura, W)
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Filing 21
MINUTE ORDER ***TEXT ENTRY ONLY*** Due to the pending motion, the Initial Scheduling Conference currently set for 5/18/2021, is CONTINUED to 8/24/2021, at 9:30AM, in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report 7 days prior to the conference Minute Order signed by Magistrate Judge Sheila K. Oberto on 4/27/2021. (Kusamura, W)
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Filing 20
MINUTE ORDER ***TEXT ENTRY ONLY*** Due to the pending motion, the Initial Scheduling Conference currently set for 3/11/2021, is CONTINUED to 5/18/2021, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 2/22/2021. (Kusamura, W)
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Filing 19
MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the pending motion, the Initial Scheduling Conference currently set for 10/22/2020, is CONTINUED to 3/11/2021, at 9:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 9/25/2020. (Kusamura, W)
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Filing 18
REPLY by Blue Diamond Growers Inc to RESPONSE to #16 Motion to Dismiss,. (Turner, Coby)
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Filing 17
OPPOSITION by Luis Barajas, Maria Vargas, Elba Vizcaino to #16 Motion to Dismiss,. (Attachments: #1 Declaration DECLARATION OF JUAN GAMBOA IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND/STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT, #2 Exhibit A TO DECLARATION OF JUAN GAMBOA IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND/STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT, #3 Exhibit B DECLARATION OF JUAN GAMBOA IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND/STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT, #4 Proposed Order DENYING DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FIRST AMENDED COMPLAINT)(Gamboa, Juan)
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Filing 16
MOTION to DISMISS by Blue Diamond Growers Inc, Denise Horn, Resham Klair. Motion Hearing set for 9/22/2020 at 09:30 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Coby Turner, #3 [Proposed] Order)(Turner, Coby)
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Filing 15
MINUTE ORDER (TEXT ENTRY ONLY): In light of the filing of the first amended complaint (FAC) #12 , the pending motion to dismiss #11 is denied as moot. To the extent defendants believe any arguments raised in their July 27, 2020 motion apply to the (FAC), they may file a revised motion that eliminates issues that have been resolved and updates any record references to reflect the currently operative complaint signed by District Judge Dale A. Drozd on August 20, 2020. (Munoz, I)
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Filing 14
SUMMONS RETURNED EXECUTED: Blue Diamond Growers Inc served on 6/5/2020, answer due 6/26/2020. (Gamboa, Juan)
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Filing 13
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Denise Horn on 8/7/2020, Answer due 10/6/2020; Resham Klair on 8/7/2020, Answer due 10/6/2020 (Gamboa, Juan)
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Filing 12
FIRST AMENDED COMPLAINT against Blue Diamond Growers Inc, Denise Horn, Resham Klair by Luis Barajas, Elba Vizcaino, Maria Vargas. (Attachments: #1 Civil Cover Sheet)(Gamboa, Juan)
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Filing 11
MOTION to DISMISS by Blue Diamond Growers Inc. Motion Hearing set for 8/25/2020 at 09:30 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Coby M. Turner, #3 Proposed Order)(Turner, Coby)
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Filing 10
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Coby Marie Turner,Tiffany Tran,Candace Sheri Bertoldi,Youlet Ovrahim for Blue Diamond Growers Inc,Phillip James Ebsworth,Coby Marie Turner,Tiffany Tran,Candace Sheri Bertoldi,Youlet Ovrahim for Denise Horn,Phillip James Ebsworth,Coby Marie Turner,Tiffany Tran,Candace Sheri Bertoldi,Youlet Ovrahim for Resham Klair (Ebsworth, Phillip)
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Filing 9
MINUTE ORDER: ***TEXT ENTRY ONLY*** Due to the status of the case, the Scheduling Conference currently set for 7/28/2020, is CONTINUED to 10/22/2020, at 9:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, The parties SHALL file their joint scheduling report 7 days prior to the conference. Minute Order signed by Magistrate Judge Sheila K. Oberto on 7/16/2020. (Kusamura, W)
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Filing 8
CORPORATE DISCLOSURE STATEMENT by Defendant Blue Diamond Growers Inc. (Ebsworth, Phillip)
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Filing 7
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Blue Diamond Growers Inc. Attorney Ebsworth, Phillip James added. (Ebsworth, Phillip)
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Filing 6
NOTICE of Maria Vargas's Consent to Sue by All Plaintiffs. (Gamboa, Juan)
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Filing 5
NOTICE of Elba Vizcaino's Consent to Sue by All Plaintiffs. (Gamboa, Juan)
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Filing 4
NOTICE of Luis Barajas's Consent to Sue by All Plaintiffs. (Gamboa, Juan)
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Filing 3
SUMMONS ISSUED as to *Patricia Aguilar, Blue Diamond Growers Inc, Denise Horn, Resham Klair* with answer to complaint due within *21* days. Attorney *Juan Gamboa* *The Law Offices of Mallison and Martinez* *1939 Harrison Street, Suite 730* *Oakland, CA 94612*. (Rivera, O)
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Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 7/28/2020 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Order re Consent, #4 VDRP) (Rivera, O)
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Filing 1
COMPLAINT against All Defendants by Luis Barajas, Elba Vizcaino, Maria Vargas. Attorney Gamboa, Juan added. (Filing fee $ 400, receipt number 0972-8889488) (Attachments: #1 Civil Cover Sheet)(Gamboa, Juan)
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