Bates v. Leprino Foods Company et al
| Charles Bates |
| Leprino Foods Dairy Products Company and Leprino Foods Company |
| 2:2020cv00700 |
| April 3, 2020 |
| US District Court for the Eastern District of California |
| Edmund F Brennan |
| Anthony W Ishii |
| Barbara A McAuliffe |
| Troy L Nunley |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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| Filing 49 OPPOSITION by Plaintiff Charles Bates to #48 REQUEST for Leave to File Sur-Reply in Opposition to Plaintiff Charles Bates' Motion to Substitute Class Representative by Leprino Foods Company, Leprino Foods Dairy Products Company re #40 Motion to Substitute Class Representative filed by Char. (Crist, Ryan) |
| Filing 48 REQUEST for Leave to File Sur-Reply in Opposition to Plaintiff Charles Bates' Motion to Substitute Class Representative by Leprino Foods Company, Leprino Foods Dairy Products Company re #40 Motion to Substitute Class Representative filed by Charles Bates. (Attachments: #1 Proposed Order Granting Request for Leave to File Sur-Reply)(Pooley, Lisa) |
Filing 47
MINUTE ORDER (Text Only Entry) The Court has deemed the MOTION TO SUBSTITUTE CLASS REPRESENTATIVE, Doc. No. #40 , noticed for hearing on 5/09/2022, 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 motion will be taken under submission as of that date. Minute order signed by District Judge Anthony W. Ishii on 5/03/2022. (Gonzales, V)
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| Filing 46 REPLY by Charles Bates in support of #40 Motion to Substitute (Attachments: #1 Declaration of Ryan A. Crist)(Crist, Ryan) Modified on 4/29/2022 (Rodriguez, E). |
| Filing 45 OPPOSITION by Leprino Foods Company, Leprino Foods Dairy Products Company to #40 Motion to Substitute Class Representative. (Attachments: #1 Declaration of Lisa M. Pooley)(Pooley, Lisa) Modified on 4/19/2022 (Kaminski, H). |
| Filing 44 NOTICE to RESCHEDULE HEARING on #40 Motion to Substitute Class Representative: Motion Hearing RSET for 5/9/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Crist, Ryan) Modified on 4/12/2022 (Benson, A.). |
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Filing 43
MINUTE ORDER (TEXT Only): On April 8, 2022, the Court held a hearing and status conference on Defendants' Motion to Compel Depositions and Modify the Scheduling Order. (Doc. #34 .) The parties confirmed that all but two of the depositions at issue have been completed or scheduled. Of those, one deposition is in the process of being rescheduled and the other deposition is that of Plaintiff Charles Bates. However, Plaintiff has filed a motion for leave to substitute Fred Walter as the putative class representative and has withdrawn Bates' declaration in support of the pending motion for class certification. (See Docs. #40 , #41 .) Based on the current status of the outstanding depositions, along with the pending motion for substitution, Defendants' Motion to Compel Depositions and Modify the Scheduling Order is GRANTED IN PART and DENIED IN PART without prejudice (Doc. #34 .) As discussed with the parties, the Court finds good cause to modify the Preliminary Scheduling Order. (See Doc. #31 .) The current class certification opposition and reply deadlines, along with the class certification hearing date, are CONTINUED as follows: Class Certification Opposition: forty-five (45) days from service of a ruling on Plaintiff's Motion to Substitute Class Representative; Class Certification Reply: ninety (90) days from the date of filing of the class certification opposition; Class Certification Hearing: to be determined by Senior District Judge Anthony W. Ishii. If necessary, Defendants may renew their motion to compel the two remaining depositions. The Court sets a further status conference for July 11, 2022, at 9:00 AM in Courtroom 8 (BAM) 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 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 4/8/2022. (Valdez, E)
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| Filing 42 MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Barbara A. McAuliffe on 4/8/2022: STATUS CONFERENCE - held. Order to follow. Plaintiff's Counsel: Ryan Crist - present via zoom. Defendants' Counsel: Lisa Pooley - present via zoom. Court Reporter/CD Number: ECRO - Otilia Rosales. (Valdez, E) |
| Filing 41 NOTICE of WITHDRAWAL of Declaration by Charles Bates. (Szeto, Kitty Kit) |
| Filing 40 MOTION TO SUBSTITUTE CLASS REPRESENTATIVE by Charles Bates. Motion Hearing set for 5/2/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Motion, #2 Declaration of Kitty K. Szeto, #3 Supplemental Declaration of Fred Walter, #4 Proposed Order)(Crist, Ryan) Modified on 4/11/2022 (Zignago, K.). |
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Filing 39
MINUTE ORDER (TEXT Only): The parties shall appear at the MOTION HEARING currently set for April 8, 2022, 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 3/31/2022. (Valdez, E)
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Filing 38
MINUTE ORDER (TEXT Only): The Court has conducted a preliminary review of the Joint Statement Regarding Defendants' Motion to Compel Depositions and Modify the Scheduling Order and supporting declarations. (Docs. #36 , #37 .) Based on that review, the Court finds that the parties have not engaged in adequate meet and confer discussions to resolve the dispute without judicial intervention. The Court also finds that the depositions at issue should be completed sufficiently in advance of Defendants' class certification opposition deadline. Accordingly, prior to the hearing set for April 8, 2022, counsel for the parties shall conduct at least one telephonic or in person conference as part of their obligations to meet and confer in good faith to resolve the dispute. If the parties are unable to resolve their dispute and a hearing is nonetheless required, then the parties are cautioned that the Court will unilaterally select dates for completion of the remaining depositions and, if necessary, continuation of the remaining class certification briefing deadlines. The Court is receptive to continuation of necessary dates upon a demonstrated showing of good cause. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/29/2022. (Valdez, E)
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| Filing 37 DECLARATION of Kitty K. Szeto re #36 Statement. (Szeto, Kitty Kit) |
| Filing 36 JOINT STATEMENT by Defendants Leprino Foods Company, Leprino Foods Dairy Products Company re #34 Motion for Discovery. (Attachments: #1 Declaration of Lisa M. Pooley)(Pooley, Lisa) Modified on 3/28/2022 (Kastilahn, A). |
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Filing 35
MINUTE ORDER (Text Only Entry): MINUTE ORDER (TEXT Only): Defendants have filed a Notice of Motion and Motion to Compel Depositions and Modify the Scheduling Order, which is set for hearing on April 8, 2022. (Doc. #34 .) Pursuant to Local Rule 251, effective March 1, 2022, the parties are advised that the hearing "may be dropped from the calendar without prejudice if the Joint Statement re Discovery Disagreement or an affidavit as set forth [in the rule] is not filed at least fourteen (14) days before the scheduled hearing date." L.R. 251(a). Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/16/2022. (Valdez, E)
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| Filing 34 MOTION TO COMPEL Depositions and Modify The Scheduling Order by Defendants. Motion Hearing SET for 4/8/2022 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Pooley, Lisa) Modified on 3/15/2022 (Mena-Sanchez, L). |
| Filing 33 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Charles Bates. (Attachments: #1 Request to Seal documents, #2 Proposed Order)(Crist, Ryan) Modified on 2/9/2022 (Mena-Sanchez, L). |
| Filing 32 MOTION to CERTIFY CLASS by Charles Bates. Motion Hearing SET for 8/29/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Motion for Class Certification, #2 Declaration of Ryan A. Crist, #3 Declaration of Charles Bates, #4 Compendium of Class Member Declarations, #5 Declaration of R. Rex Parris, #6 Declaration of Brian Kriegler, PH.D., #7 PROPOSED ORDER)(Crist, Ryan) Modified on 2/9/2022 (Mena-Sanchez, L). |
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Filing 31
PRELIMINARY SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 12/16/2020. Non-Expert Discovery Cutoff: 12/10/2021; Class Certification Motion Filing Deadline: 2/4/2022; Class Certification Opposition: 5/6/2022; Class Certification Reply: 8/12/2022; Class Certification Hearing set for 8/29/2022 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Sant Agata, S)
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| Filing 30 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 12/15/2020: SCHEDULING CONFERENCE - held. Order to follow. Counsel for Plaintiff Charles Bates: Kitty Szeto and Eric Rouen appeared by video conference - present. Counsel for Defendants Leprino Foods Company and Leprino Foods Dairy Products Company: Lisa Pooley appeared by video conference - present. Court Reporter/CD Number: off the record. (Valdez, E) |
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Filing 29
MINUTE ORDER (TEXT Only): The parties shall appear at the SCHEDULING CONFERENCE currently set for December 15, 2020 at 9:30 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 12/11/2020. (Valdez, E)
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| Filing 28 JOINT SCHEDULING REPORT by Charles Bates. (Szeto, Kitty Kit) |
| Filing 27 ANSWER by Leprino Foods Company, Leprino Foods Dairy Products Company.(Pooley, Lisa) |
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Filing 26
ORDER REGARDING STIPULATED PROTECTIVE ORDER #23 . Order signed by Magistrate Judge Barbara A. McAuliffe on 11/3/2020. (Timken, A)
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Filing 25
ORDER ON DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION signed by District Judge Anthony W. Ishii on 10/30/2020. IT IS HEREBY ORDERED Leprino's motion (Doc. No. #11 ) is GRANTED in part as follows: Bates's request for statutory penalties under the fifth cause of action is DISMISSED with prejudice. Bates's request for restitution based on violations of California Labor Code 226 under the sixth cause of action is DISMISSED with prejudice. Leprino's motion is otherwise DENIED. Within twenty-one (21) days of service of this order, Leprino shall file an answer. Upon the filing of Leprino's answer, the parties shall promptly contact the Magistrate Judge for the purpose of setting a scheduling conference date. (Gonzales, V)
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Filing 24
MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 10/28/2020 to December 15, 2020, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall 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. NOTE: Motion to Dismiss (Doc. #11 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2020. (Valdez, E)
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| Filing 23 PROPOSED STIPULATED PROTECTIVE ORDER by Charles Bates. (Crist, Ryan) Modified on 10/19/2020 (Kaminski, H). |
| Filing 22 NOTICE of CHANGE of ADDRESS by Eric Daniel Rouen. (Rouen, Eric) |
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Filing 21
MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 9/30/2020 to October 28, 2020, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference. The parties shall 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. NOTE: Motion to Dismiss (Doc. #11 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/22/2020. (Valdez, E)
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Filing 20
MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 8/27/2020 to September 30, 2020, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a JOINT Scheduling Report one week prior to the conference. The parties shall 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. NOTE: Motion to Dismiss (Doc. #11 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 8/18/2020. (Valdez, E)
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Filing 19
MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 7/23/2020 to August 27, 2020, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a JOINT Scheduling Report one week prior to the conference. The parties shall 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. NOTE: Motion to Dismiss (Doc. #11 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 7/15/2020. (Valdez, E)
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Filing 18
MINUTE ORDER (TEXT Only): Due to the current status of the case, the Initial SCHEDULING CONFERENCE is continued from 6/11/2020 to July 23, 2020, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a JOINT Scheduling Report one week prior to the conference. The parties shall 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. NOTE: Motion to Dismiss (Doc. #11 ) pending. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/29/2020. (Valdez, E)
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Filing 17
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the MOTION TO DISMISS, Doc. No. #11 , noticed for hearing on 6/01/2020, 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 5/27/2020. (Gonzales, V)
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| Filing 16 NOTICE OF SUPPLEMENTAL AUTHORITY re #11 Motion to Dismiss, filed by Leprino Foods Company, Leprino Foods Dairy Products Company. (Attachments: #1 Exhibit)(Rappaport, Sandra) Modified on 5/25/2020 (Kaminski, H). |
| Filing 15 REPLY by Leprino Foods Company, Leprino Foods Dairy Products Company re #11 Motion to Dismiss. (Pooley, Lisa) |
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Filing 14
MINUTE ORDER (TEXT ONLY): In light of the restrictions on entering the Courthouse, and General Orders 610, 611, 612, 617 and 618, the parties are ordered to appear telephonically at the SCHEDULING CONFERENCE currently set for Thursday, June 11, 2020 at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Parties may appear telephonically by using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/21/2020. (Valdez, E)
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| Filing 13 NOTICE of APPEARANCE by Eric Daniel Rouen on behalf of Charles Bates. Attorney Rouen, Eric Daniel added. (Rouen, Eric) |
| Filing 12 OPPOSITION by Charles Bates to #11 Motion to Dismiss,. (Crist, Ryan) |
| Filing 11 MOTION to DISMISS by Leprino Foods Company, Leprino Foods Dairy Products Company. Motion Hearing set for 6/1/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Proposed Order, #2 Proof of Service)(Hu, Winston) Modified on 4/29/2020 (Kastilahn, A). |
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Filing 10
MINUTE ORDER (TEXT Only): Due to the Court's Order Relating and Reassigning Cases (Doc. #9 ), the dates set forth in the Initial Pretrial Scheduling Order (Doc. #2 ) are VACATED. The Court SETS an Initial SCHEDULING CONFERENCE for June 11, 2020 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. As part of their Rule 26 conference, the parties should discuss coordination, consolidation, and any other procedure to conserve judicial resources in the related cases. 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 (see attached), 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 are encouraged to appear telephonically at the Scheduling Conference and may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/28/2020. (Valdez, E)
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Filing 9
ORDER RELATING and REASSIGNING Case and Referring Case to the Magistrate Judge for Further Proceedings, signed by District Judge Anthony W. Ishii on 4/17/2020. New Case Number: 2:20-cv-00700-AWI-BAM.(Marrujo, C)
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| Filing 8 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/14/2020: Pursuant to the filing of the First Amended Complaint (ECF No, #7 ), Defendants' Motion to Dismiss (ECF No. #6 ) is hereby DENIED as MOOT. Accordingly, the 5/14/2020 hearing date is VACATED. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 7 FIRST AMENDED COMPLAINT against Charles Bates by Charles Bates.(Crist, Ryan) |
| Filing 6 MOTION to DISMISS by Leprino Foods Company, Leprino Foods Dairy Products Company. Attorney Hu, Winston K. added. Motion Hearing set for 5/14/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order, #2 Proof of Service)(Hu, Winston) |
| Filing 5 CERTIFICATE of FILING and SERVICE of #1 Notice of Removal by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa) Modified on 4/10/2020 (Huang, H). |
| Filing 4 NOTICE of APPEARANCE by Kitty Kit Yee Szeto on behalf of Charles Bates. Attorney Szeto, Kitty Kit Yee added. (Szeto, Kitty Kit) |
| Filing 3 NOTICE of RELATED CASE(S) 1:13-cv-02059-AWI-BAM, 1:15-cv-00105-AWI-BAM, 1:17-cv-00686-AWI-BAM, 1:17-cv-00796-AWI-BAM, 1:18-cv-01404-AWI-BAM, 1:19-cv-00635-AWI-BAM by Leprino Foods Company, Leprino Foods Dairy Products Company. (Pooley, Lisa) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Reader, L) |
| Filing 1 NOTICE of REMOVAL from San Joaquin County Superior Court, case number STK-CV-UOE-2020-0003013 by Leprino Foods Dairy Products Company, Leprino Foods Company. (Filing fee $ 400, receipt number 0972-8827266) (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure Statement)(Pooley, Lisa) |
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