Saramiento v. Fresh Harvest, Inc., et al
| Rigoberto Saramiento, Rigoberto Sarmiento and Gustavo Luevano-Vaca |
| Fresh Foods, Inc., Rava Ranches, Inc. and SMD Logistics, Inc. |
| Fresh Harvest, Inc., |
| 5:2020cv07974 |
| November 12, 2020 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Susan van Keulen |
| Labor: Other |
| 29 U.S.C. § 1801 Farmworker Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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Filing 227
NOTICE by Gustavo Luevano-Vaca, Rigoberto Sarmiento re #225 Order on Motion for Settlement of Filing Revised Class Notice (Attachments: #1 Exhibit Revised Class Notice)(Morton, Dawson) (Filed on 4/14/2023)
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Filing 225
ORDER GRANTING #219 MOTION FOR PRELIMINARY APPROVAL. by Judge Beth Labson Freeman on 4/14/2023. (blflc3, COURT STAFF) (Filed on 4/14/2023)
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Filing 226
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 4/13/2023 re #219 MOTION for Settlement Preliminary Approval of Class Action and PAGA Settlement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento.Final Approval Hearing set for 10/26/2023 09:00 AM.Total Time in Court: 9:00 - 9:26. Court Reporter: Summer Fisher. Plaintiff Attorney: Eve Cervantez, Dawson Morton. Defendant Attorney: Ana Toledo, Robert Mussig. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 4/13/2023)
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Filing 224
AMENDED COMPLAINT Second against All Defendants. Filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 4/13/2023)
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Filing 223
Proposed Order Granting Preliminary Approval of Settlement of Class Action and PAGA Claims by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 4/11/2023)
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Filing 222
CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #219 MOTION for Settlement Preliminary Approval of Class Action and PAGA Settlement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento set for 4/13/2023 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than 4/11/2023, at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 4/7/2023)
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Filing 221
ORDER GRANTING #220 STIPULATION ALLOWING FILING OF SECOND AMENDED COMPLAINT. Singed by Judge Beth Labson Freeman on 3/10/2023. (blflc3, COURT STAFF) (Filed on 3/10/2023)
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Filing 220
STIPULATION WITH PROPOSED ORDER Allowing Filing of Second Amended Complaint filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit [Proposed] Second Amended Complaint)(Cervantez, Eve) (Filed on 3/9/2023)
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Filing 219
MOTION for Settlement Preliminary Approval of Class Action and PAGA Settlement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. Motion Hearing set for 4/13/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/23/2023. Replies due by 3/30/2023. (Attachments: #1 Declaration of Dawson Morton iso Preliminary Approval, #2 Exhibit 1 to Morton Decl. (Settlement Agreement), #3 Exhibit A to Settlement Agreement, #4 Exhibit B to Settlement Agreement, #5 Exhibit C to Settlement Agreement, #6 Exhibit D to Settlement Agreement, #7 Declaration of Eve Cervantez iso Preliminary Approval, #8 Exhibit A to Cervantez Decl., #9 Proposed Order)(Cervantez, Eve) (Filed on 3/9/2023)
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Filing 218
ORDER GRANTING #217 STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR PRELIMINARY APPROVAL. Signed by Judge Beth Labson Freeman on 3/3/2023. (blflc3, COURT STAFF) (Filed on 3/3/2023)
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Filing 217
STIPULATION WITH PROPOSED ORDER re #216 Order on Stipulation To Extend Time for Filing Motion for Preliminary Approval of Class Action Settlement to Allow Time for Signatures filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Morton, Dawson) (Filed on 3/2/2023)
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Filing 216
ORDER GRANTING #215 STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR PRELIMINARY APPROVAL. Signed by Judge Beth Labson Freeman on 2/16/2023. (blflc3, COURT STAFF) (Filed on 2/16/2023)
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Filing 215
STIPULATION WITH PROPOSED ORDER to Extend Deadline for Filing Preliminary Approval Motion filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 2/15/2023)
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Reset Deadlines and Motion Hearing: re #214 ORDER RE: 213 RESETTING HEARING ON PRELIMINARY APPROVAL FOR APRIL 13, 2023, AT 9:00 A.M.; SETTING DUE DATE FOR PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL FOR FEBRUARY 16, 2023. Motions due by 2/16/2023. Motion Hearing set for 4/13/2023 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 2/7/2023)
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Filing 214
ORDER RE: #213 RESETTING HEARING ON PRELIMINARY APPROVAL FOR APRIL 13, 2023, AT 9:00 A.M.; SETTING DUE DATE FOR PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL FOR FEBRUARY 16, 2023. Signed by Judge Beth Labson Freeman on 2/2/2023. (blflc3, COURT STAFF) (Filed on 2/2/2023)
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Filing 213
STIPULATION WITH PROPOSED ORDER to Extend Deadline for Filing Preliminary Approval Motion filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 2/1/2023)
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Reset Hearing re #212 ORDER GRANTING 211 STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR PRELIMINARY APPROVAL. Motion for Preliminary Approval Hearing set for 3/16/2023 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 1/19/2023)
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Filing 212
ORDER GRANTING #211 STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR PRELIMINARY APPROVAL. Signed by Judge Beth Labson Freeman on 1/18/2023. (blflc3, COURT STAFF) (Filed on 1/18/2023)
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Filing 211
STIPULATION WITH PROPOSED ORDER to Extend Deadline for Filing Preliminary Approval Motion filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 1/17/2023)
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Filing 210
ORDER GRANTING STIPULATION TO EXTEND DEADLINE FOR FILING MOTION FOR PRELIMINARY APPROVAL. Signed by Judge Beth Labson Freeman on 12/15/2022. (blflc3, COURT STAFF) (Filed on 12/15/2022)
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Filing 209
STIPULATION WITH PROPOSED ORDER re #207 Order on Stipulation To Extend Deadline for Filing Motion for Preliminary Approval filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Morton, Dawson) (Filed on 12/14/2022)
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Filing 208
CLERK'S NOTICE VACATING DATES AND DEADLINES AND SETTING MOTION HEARING.Motion for Preliminary Approval of Settlement due by 12/16/2022.Motion for Preliminary Approval of Settlement Hearing set for 2/2/2023 09:00 AM in San Jose, Courtroom 1, 5th Floor before Judge Beth Labson Freeman (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 11/9/2022)
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Filing 207
ORDER GRANTING #206 STIPULATION VACATING DATES AND SETTING FEBRUARY 2, 2023, AS DATE FOR SETTLEMENT PRELIMINARY APPROVAL HEARING. Signed by Judge Beth Labson Freeman on 11/7/2022. (blflc3, COURT STAFF) (Filed on 11/7/2022)
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Filing 206
STIPULATION WITH PROPOSED ORDER filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 11/4/2022)
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Filing 205
ORDER RE FILING OF JOINT SUBMISSION ARISING OUT OF DEFERRED DISCOVERY REQUESTS. Signed by Judge Susan van Keulen on 10/18/2022. (svklc1, COURT STAFF) (Filed on 10/18/2022)
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Filing 204
STIPULATION WITH PROPOSED ORDER re #203 Order on Stipulation to Extend Deadline for Filing Joint Discovery Statement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Proposed Order)(Morton, Dawson) (Filed on 10/14/2022)
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Filing 203
ORDER granting #202 Stipulation to Extend Deadline for Joint Discovery Statement. Signed by Judge Susan van Keulen on 9/30/2022. (svklc1, COURT STAFF) (Filed on 9/30/2022)
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Filing 202
STIPULATION WITH PROPOSED ORDER re #201 Order on Stipulation to Extend Time for Filing Supplemental Joint Discovery Statement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Proposed Order)(Morton, Dawson) (Filed on 9/29/2022)
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Filing 201
ORDER granting #200 Stipulation to Extend Time to File Supplemental Joint Discovery Statement. Signed by Judge Susan van Keulen on 9/7/2022. (svklc1, COURT STAFF) (Filed on 9/7/2022)
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Filing 200
STIPULATION WITH PROPOSED ORDER re #177 Order on Stipulation to Extend Time for Filing Joint Discovery Statement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Proposed Order, #2 Declaration Decl. of D. Morton)(Morton, Dawson) (Filed on 9/6/2022)
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Filing 199
ORDER APPROVING #198 PROTECTIVE ORDER. Signed by Judge Beth Labson Freeman on 8/24/2022. (blflc4, COURT STAFF) (Filed on 8/24/2022)
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Filing 198
Proposed Order re #197 Order on Motion for Protective Order by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 8/24/2022)
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Filing 197
ORDER GRANTING IN PART AND DENYING IN PART #178 PLAINTIFFS' MOTION FOR PROTECTIVE ORDER. Signed by Judge Beth Labson Freeman on 8/22/2022. (blflc4, COURT STAFF) (Filed on 8/22/2022)
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Filing 196
Transcript of Proceedings held on 08/11/2022, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #194 Transcript Order ) Redaction Request due 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022. (Related documents(s) #194 ) (Fisher, Summer) (Filed on 8/12/2022)
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Filing 195
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 8/11/2022 re #178 MOTION for Protective Order filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. Total Time in Court: 39 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Eve Cervantez, Dawson Morton. Defendant Attorney: Lindsey Berg-James, Robert Mussig. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 8/11/2022)
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Filing 194
TRANSCRIPT ORDER for proceedings held on 08/11/2022 before Judge Beth Labson Freeman by Gustavo Luevano-Vaca, Rigoberto Sarmiento, for Court Reporter Summer Fisher. (Cervantez, Eve) (Filed on 8/11/2022)
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Filing 193
ORDER GRANTING #180 #188 SEALING MOTIONS. Signed by Judge Beth Labson Freeman on 8/11/2022. (blflc4, COURT STAFF) (Filed on 8/11/2022)
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Filing 192
CLERK'S NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING and NOTICE OF REQUIRED REGISTRATION. Motion Hearing as to #178 MOTION for Protective Order set for 8/11/2022 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than 8/9/2022, at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 8/4/2022)
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Filing 191
REPLY (re #178 MOTION for Protective Order ) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Declaration of Dawson Morton, #2 Proposed Order)(Cervantez, Eve) (Filed on 7/28/2022)
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Filing 190
OPPOSITION/RESPONSE (re #178 MOTION for Protective Order ) Opposition to Plaintiffs' Motion for a Protective Order filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Michalak, Ian) (Filed on 7/22/2022)
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Filing 189
EXHIBITS re #188 Administrative Motion to File Under Seal Unredacted Version of Defendants' Opposition to Motion for PO (FILED UNDER SEAL) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Proposed Order Denying Defendants' Motion for Protective Order)(Related document(s) #188 ) (Michalak, Ian) (Filed on 7/21/2022)
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Filing 188
Administrative Motion to File Under Seal filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Appendix of Declarations in support of Defendants' Opposition to Plaintiffs' Motion for Protective Order (FILED UNDER SEAL))(Michalak, Ian) (Filed on 7/21/2022)
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Filing 187
*** MAIN FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. REFER to #190 . *** OPPOSITION/RESPONSE (re #178 MOTION for Protective Order ) filed byFresh Foods, Inc., SMD Logistics, Inc.. (Attachments: #1 Appendix of Declarations in support of Defendants' Opposition to Plaintiffs' Motion for Protective Order, #2 Proposed Order Denying Plaintiffs' Motion for Protective Order)(Michalak, Ian) (Filed on 7/21/2022) Modified on 7/22/2022 (fff, COURT STAFF).
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Filing 186
ORDER STRIKING #184 DEFENDANTS FRESH HARVEST, INC. AND SMD LOGISTICS, INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER WITHOUT PREJUDICE TO FILING REVISED VERSION. Signed by Judge Beth Labson Freeman on 7/21/2022. (blflc4, COURT STAFF) (Filed on 7/21/2022)
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Filing 185
NOTICE by Fresh Harvest, Inc.,, SMD Logistics, Inc. re #184 Opposition/Response to Motion, Notice of Lodging of Exhibits on USB Drive for Defendants' Opposition to Plaintiffs' Motion for Protective Order (Michalak, Ian) (Filed on 7/21/2022)
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Filing 184
OPPOSITION/RESPONSE (re #178 MOTION for Protective Order ) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Appendix of Declarations ISO of Defendants' Opposition, #2 Proposed Order Denying Plaintiffs' Motion for Protective Order)(Michalak, Ian) (Filed on 7/21/2022)
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Filing 183
CLERK'S NOTICE RESETTING MOTION HEARING Motion Hearing as to #178 MOTION for Protective Order reset for 8/11/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 7/6/2022)
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Filing 182
ORDER GRANTING AS MODIFIED BY THE COURT #179 PLAINTIFFS' MOTION TO ADVANCE HEARING DATE AND SHORTEN TIME FOR #178 PLAINTIFFS' MOTION FOR PROTECTIVE ORDER. Signed by Judge Beth Labson Freeman on 7/5/2022. (blflc4, COURT STAFF) (Filed on 7/5/2022)
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Filing 181
OPPOSITION/RESPONSE (re #179 MOTION to Shorten Time and Advance Hearing Date Pursuant to Local Rule 6-3 for Plaintiffs' Motion for Protective Order ) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Proposed Order Re Plaintiffs' Administrative Motion)(Michalak, Ian) (Filed on 7/5/2022)
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Filing 180
Administrative Motion to File Under Seal Portions of Plaintiffs' Motion for Protective Order filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Unredacted Version of Motion for Protective Order, #2 Unredacted Version of Affidavit of Gustavo Luevano Vaca, #3 Unredacted Version of Affidavit of Sharay Lopez Zazueta, #4 Unredacted Version of Ex. E to Dawson Dec. iso Motion for Protective Order, #5 Proposed Order, #6 Certificate/Proof of Service)(Cervantez, Eve) (Filed on 6/28/2022)
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Filing 179
MOTION to Shorten Time and Advance Hearing Date Pursuant to Local Rule 6-3 for Plaintiffs' Motion for Protective Order filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Declaration of Dawson Morton, #2 Proposed Order)(Cervantez, Eve) (Filed on 6/28/2022)
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Filing 178
MOTION for Protective Order filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. Motion Hearing set for 10/6/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 7/12/2022. Replies due by 7/19/2022. (Attachments: #1 Affidavit of Gustavo Luevano Vaca, #2 Affidavit of Sharay Lopez Zazueta, #3 Declaration of Dawson Morton, #4 Exhibit A to Morton Dec - 2022.06.18 Email re Contact with Plaintiffs, #5 Exhibit B to Morton Dec - 2022.06.14 Email from Mussig, #6 Exhibit C to Morton Dec - 2022.06.15 Email from Mussig re every right to contact class, #7 Exhibit D to Morton Dec - Ridaura Dec. Excerpts, #8 Exhibit E to Morton Dec - 2022.06.28 Redacted Email from Mussig, #9 Proposed Order)(Cervantez, Eve) (Filed on 6/28/2022)
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Filing 177
ORDER by Judge Susan van Keulen granting #176 Stipulation. (svklc2, COURT STAFF) (Filed on 5/24/2022)
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Filing 176
STIPULATION WITH PROPOSED ORDER filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 5/23/2022)
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Filing 175
ORDER GRANTING #174 STIPULATION ON CLASS CERTIFICATION MOTION DEADLINES AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 5/20/2022. (blflc4, COURT STAFF) (Filed on 5/20/2022) Modified on 5/20/2022 (tsh, COURT STAFF).
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Filing 174
STIPULATION WITH PROPOSED ORDER re Class Certification Motion Deadlines filed by Fresh Foods, Inc., Rava Ranches, Inc.. (Attachments: #1 Declaration)(Toledo, Ana) (Filed on 5/20/2022)
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Filing 173
ORDER granting #172 Stipulation to Extend Deadline to File Supplemental Joint Discovery Statement. Signed by Judge Susan van Keulen on 5/10/2022. (svklc1, COURT STAFF) (Filed on 5/10/2022)
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Filing 172
STIPULATION WITH PROPOSED ORDER re #171 Order on Stipulation to Extend Time to file Joint Discovery Statement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Proposed Order, #2 Declaration Decl. of D. Morton)(Morton, Dawson) (Filed on 5/9/2022)
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Filing 171
ORDER granting #170 Stipulation to Extend Deadline to File Joint Discovery Letter Brief. Signed by Judge Susan van Keulen on 5/3/2022. (svklc1, COURT STAFF) (Filed on 5/3/2022)
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Filing 170
STIPULATION WITH PROPOSED ORDER re #169 Discovery Order to Extend Time for Filing of Joint Supplemental Discovery Statement filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Proposed Order, #2 Declaration Decl. of D. Morton)(Morton, Dawson) (Filed on 5/2/2022)
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Filing 169
ORDER RE DEFERRED DISCOVERY RULINGS. Signed by Judge Susan van Keulen on 4/25/2022. (svklc1, COURT STAFF) (Filed on 4/25/2022)
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Filing 168
ORDER of USCA. Petitioner's Request for Judicial notice in support of the Petition (Docket Entry No. 2) is granted. Petitioner's unopposed motion for leave to file a reply in supp01i of the petition (Docket Entry No. 4) is granted. The reply has been filed. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is denied as to #159 . (bw, COURT STAFF) (Filed on 4/21/2022)
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Filing 167
TRANSCRIPT ORDER for proceedings held on 12/09/2021 before Judge Beth Labson Freeman by Gustavo Luevano-Vaca, Rigoberto Sarmiento, for Court Reporter Summer Fisher. (Cervantez, Eve) (Filed on 4/15/2022)
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Filing 166
Transcript of Proceedings held on 12/09/2021, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #163 Transcript Order ) Redaction Request due 5/5/2022. Redacted Transcript Deadline set for 5/16/2022. Release of Transcript Restriction set for 7/13/2022. (Related documents(s) #163 ) (Fisher, Summer) (Filed on 4/14/2022)
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Filing 165
ORDER REFERRING #164 REQUEST TO JUDGE VAN KEULEN. Signed by Judge Beth Labson Freeman on 4/13/2022. (blflc4, COURT STAFF) (Filed on 4/13/2022)
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Filing 164
NOTICE by Gustavo Luevano-Vaca, Rigoberto Sarmiento re #77 Order on Discovery Letter Brief,,,,, REQUEST FOR DECISION ON DEFERRED DISCOVERY RULINGS (Morton, Dawson) (Filed on 4/12/2022)
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Filing 163
TRANSCRIPT ORDER for proceedings held on 12/09/2022 before Judge Beth Labson Freeman by Fresh Harvest, Inc.,, SMD Logistics, Inc., for Court Reporter Summer Fisher. (Michalak, Ian) (Filed on 3/16/2022)
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Filing 162
ORDER DENYING #28 DEFENDANTS FRESH HARVEST, INC. AND SMD LOGISTICS, INC.'S SUMMARY JUDGMENT MOTION AS TO RIGOBERTO SARMIENTO; TERMINATING AS MOOT #72 SUMMARY JUDGMENT MOTION AS TO GUSTAVO LUEVANO-VACA. Signed by Judge Beth Labson Freeman on 3/10/2022. (blflc4, COURT STAFF) (Filed on 3/10/2022)
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Set Deadlines: Deadline to Engage in Mediation 10/14/2022, Deadline to File Motion for Class Certification 11/18/2022, Opposition to Class Certification 1/13/2023, Reply to Opposition 2/10/2023.(tsh, COURT STAFF) (Filed on 2/23/2022)
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Filing 161
ORDER GRANTING #160 STIPULATION RE: #27 CASE MANAGEMENT SCHEDULING ORDER TO EXTEND TIME FOR MEDIATION AND FILING OF CLASS CERTIFICATION AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 2/22/2022. (blflc4, COURT STAFF) (Filed on 2/22/2022)
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Filing 160
STIPULATION WITH PROPOSED ORDER re #27 Case Management Scheduling Order,, to Extend Time for Mediation and Filing of Class Certification Motion filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Declaration Morton Decl. in Support of Stipulation)(Morton, Dawson) (Filed on 2/18/2022)
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Filing 159
USCA Acknowledgment of Receipt of Petition. Case Number 22-80006 (sfb, COURT STAFF) (Filed on 1/31/2022)
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Filing 158
ORDER DENYING #154 MOTION FOR ISSUANCE OF FEDERAL RULE OF CIVIL PROCEDURE 54(B) JUDGMENT; GRANTING MOTION FOR CERTIFICATION FOR INTERLOCUTORY REVIEW PURSUANT TO 28 U.S.C. 1292(B). Signed by Judge Beth Labson Freeman on 1/20/2022. (blflc4, COURT STAFF) (Filed on 1/20/2022)
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Filing 157
REPLY (re #156 MOTION for Entry of Judgment under Rule 54(b) ) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Michalak, Ian) (Filed on 1/18/2022)
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Filing 156
Renotice of Motion #154 MOTION for Entry of Judgment under Rule 54(b) filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. Motion Hearing set for 4/21/2022 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Beth Labson Freeman. Responses due by 2/1/2022. Replies due by 2/8/2022. (Attachments: #1 Memoradum of Points and Authorities ISO Defendants' Motion for Issuance of Federal Rule of Civil Procedure 546(b) Judgment or, In the Alternative Certification for Interlucutory Review, #2 Proposed Order Federal Rule of Civil Procedure (54)b Judgment, #3 Proposed Order Proposed Order Certifying Order Dismissing Defendants Counterclaim for Interlocutory Review)(Michalak, Ian) (Filed on 1/18/2022) Modified on 1/18/2022 (tsh, COURT STAFF).
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Filing 155
Brief re #154 Notice (Other),, Brief in Opposition to Defendants' Motion for Issuance of FRCP 54(b) Judgment or, in the Alternative, Certification for Interlocutory Review filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Proposed Order)(Related document(s) #154 ) (Cervantez, Eve) (Filed on 1/10/2022)
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Filing 154
NOTICE by Fresh Harvest, Inc.,, SMD Logistics, Inc. Notice of Motion for Issurance of Federal Rule of Civil Procedure 54(b) Judgment or, in the Alternative, Certification for Interlocutory Review Pursuant to 23 U.S.C..1292(b) (Attachments: #1 Memorandun of Points and Authorities ISO Motion for Issuance of Federal Rule, #2 Proposed Order [Proposed] Federal Rule of Civil Procedure 54(b) Judgment, #3 Proposed Order [Proposed] Order Certifying Order Dismissing Defendants' Counterclaim for Interlocutory Review)(Michalak, Ian) (Filed on 12/27/2021)
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Filing 153
ORDER DENYING #88 MOTION TO LIMIT CONTACT WITH PUTATIVE CLASS MEMBERS. Signed by Judge Susan van Keulen on 12/16/2021. (svklc1, COURT STAFF) (Filed on 12/16/2021)
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Filing 152
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Motion Hearing held on 12/16/2021.The Court denied defendant's motion #88 and made ruling on the record; short order to issue. Total Time in Court: 10:01-11:15am (1 hour 14 minutes).Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Eve Cervantez, Connie Chan & Dawson Morton. Defendant Attorney for Fresh Harvest Inc. et al: Robert Mussig/for Fresh Foods Inc. et al: Lindsey Berg-James. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Date Filed: 12/16/2021)
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Filing 151
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 12/9/2021 re #72 MOTION for Summary Judgment filed by Fresh Harvest, Inc., SMD Logistics, Inc. Total Time in Court: 9:43 - 11:03. Court Reporter: Summer Fisher. Plaintiff Attorney: Dawson Morton, Eve Cervantes, Connie Chan. Defendant Attorney: Lindsay Berg-James, Robert Mussig. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Date Filed: 12/13/2021)
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Filing 150
OBJECTIONS to re #149 Reply to Opposition/Response Plaintiffs' Objections to Evidence Submitted With Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Reply in Support of Their Motion to (1) Require Plaintiffs and Their Counsel to Obtain Approval for Any Future Communications with Putative Class Members; (2) Send a Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of at Least $11,925 by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A)(Cervantez, Eve) (Filed on 12/13/2021)
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Filing 149
REPLY (re #88 MOTION ) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Appendix OF DECLARATIONS ISO DEFENDANTS' REPLY ISO OF THEIR MOTION)(Michalak, Ian) (Filed on 12/7/2021)
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Filing 148
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR.Motion as to #72 MOTION for Summary Judgment , #28 MOTION for Summary Judgment Hearing set for 12/9/2021 09:00 AM in before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than December 7, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. < I< (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 12/2/2021)
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Filing 147
ORDER GRANTING #66 MOTION TO DISMISS DEFENDANTS FRESH HARVEST, INC. AND SMD LOGISTICS, INC.'S COUNTERCLAIM WITH PREJUDICE. Signed by Judge Beth Labson Freeman on 12/1/2021. (blflc4, COURT STAFF) (Filed on 12/1/2021)
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Filing 146
CLERK'S NOTICEThe Motion #88 Hearing on 12/16/21 at 10:00am will be heard in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) (Filed on 11/24/2021)
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Filing 145
Proposed Order re #88 Notice (Other),, Proposed Order Denying Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Motion to (1) Require Plaintiffs and Their Counsel To Obtain Approval for Any Future Communications With Putative Class Members; (2) Send a Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of at Least $11,925 (ECF 88) by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 11/23/2021)
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Filing 144
Declaration of Eve H. Cervantez in Support of #141 Brief,, Plaintiffs' Opposition to Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Motion to (1) Require Plaintiffs and Their Counsel To Obtain Approval for Any Future Communications With Putative Class Members; (2) Send a Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of at Least $11,925 (ECF 88) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 26, #10 Exhibit D, #11 Exhibit 128, #12 Exhibit 130, #13 Exhibit E, #14 Exhibit F, #15 Exhibit G, #16 Exhibit H, #17 Exhibit I, #18 Exhibit J, #19 Exhibit K, #20 Exhibit L, #21 Exhibit M, #22 Exhibit N, #23 Exhibit 102)(Related document(s) #141 ) (Cervantez, Eve) (Filed on 11/23/2021)
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Filing 143
Declaration of Dawson Morton in Support of #141 Brief,, Plaintiffs' Opposition to Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Motion to (1) Require Plaintiffs and Their Counsel To Obtain Approval for Any Future Communications With Putative Class Members; (2) Send a Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of at Least $11,925 (ECF 88) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #141 ) (Cervantez, Eve) (Filed on 11/23/2021)
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Filing 142
Declaration of Angel David Silva Gonzalez in Support of #141 Brief,, Plaintiffs' Opposition to Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Motion to (1) Require Plaintiffs and Their Counsel To Obtain Approval for Any Future Communications With Putative Class Members; (2) Send a Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of at Least $11,925 (ECF 88) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit)(Related document(s) #141 ) (Cervantez, Eve) (Filed on 11/23/2021)
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Filing 141
Opposition to Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Motion to (1) Require Plaintiffs and Their Counsel To Obtain Approval for Any Future Communications With Putative Class Members; (2) Send a Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of at Least $11,925 (ECF 88) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Related document(s) #88 ) (Cervantez, Eve) (Filed on 11/23/2021) Modified on 11/24/2021 (cv, COURT STAFF).
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Filing 140
Supplemental Brief re #66 MOTION to Dismiss Defendants' Counterclaim for Failure to State a Claim filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Related document(s) #66 ) (Cervantez, Eve) (Filed on 11/23/2021)
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Filing 139
REPLY (re #72 MOTION for Summary Judgment ) Defendants Fresh Harvest Inc. and SMD Logistics, Inc.'s Reply in Support of Their Consolidated Motions for Summary Judgment filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Request for Judicial Notice In Support of Defendants Consolidatged Motions for Summary Judgment, #2 Exhibits H-I to Request for Judicial Notice In Support of Reply In Support of Their Consolidated Motions for Summary Judgment, #3 Declaration to Reply In Support of Their Consolidated Motions for Summary Judgment, #4 Exhibits A-G to Declaration of I. Michalak to Reply In Support of Their Consolidated Motions for Summary Judgment)(Michalak, Ian) (Filed on 11/19/2021) Modified on 11/24/2021 (cv, COURT STAFF).
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Filing 138
Supplemental Brief re #69 Opposition/Response to Motion Supplemental Brief Addressing the Impact of the Ninth Circuit's Recent Decision in Martinez-Gonzalez v. Elkhorn Packing Co. LLC filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Related document(s) #69 ) (Michalak, Ian) (Filed on 11/17/2021)
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Filing 137
ORDER GRANTING #132 ADMINISTRATIVE MOTION. Signed by Judge Beth Labson Freeman on 11/12/2021. (blflc4, COURT STAFF) (Filed on 11/12/2021)
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Filing 136
OPPOSITION/RESPONSE (re #132 ADMINISTRATIVE MOTION Motion for Leave to Provide Supplemental Briefing in Light of Recently Published, Relevant Ninth Circuit Opinion ) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 11/11/2021)
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Filing 135
Transcript of Proceedings held on 9/3/21, before Judge Susan Van Keulen. Transcriber Belle Ball, CSR, telephone number (415)373-2529, belle_ball@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #133 Transcript Order, ) Redaction Request due 12/1/2021. Redacted Transcript Deadline set for 12/13/2021. Release of Transcript Restriction set for 2/8/2022. (Related documents(s) #133 ) (Ball, Belle) (Filed on 11/10/2021)
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Filing 134
NOTICE by Gustavo Luevano-Vaca, Rigoberto Sarmiento of Filing Certificate of Translation for Plaintiffs' Exhibit W (Attachments: #1 Exhibit Certificate of Translation)(Morton, Dawson) (Filed on 11/9/2021)
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Filing 133
TRANSCRIPT ORDER for proceedings held on 09/03/2021 before Magistrate Judge Susan van Keulen by Gustavo Luevano-Vaca, Rigoberto Sarmiento, for Court Reporter FTR - San Jose. (Cervantez, Eve) (Filed on 11/9/2021) Transcriber: Belle Ball. Modified on 11/10/2021 (lmh, COURT STAFF).
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Filing 132
ADMINISTRATIVE MOTION Motion for Leave to Provide Supplemental Briefing in Light of Recently Published, Relevant Ninth Circuit Opinion filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. Responses due by 11/12/2021. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration of Ian A. Michalak ISO of Motion, #3 Proposed Order ISO Administrative Motion)(Michalak, Ian) (Filed on 11/8/2021)
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Filing 131
Proposed Order re #72 MOTION for Summary Judgment , #28 MOTION for Summary Judgment Proposed Order Denying Defendants Fresh Harvest and SMD's Motions for Summary Judgment by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Chan, Connie) (Filed on 11/5/2021)
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Filing 130
Declaration of Gustavo Luevano-Vaca in Support of #125 Opposition/Response to Motion for Summary Judgment (ECF 28, 72) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit Z)(Related document(s) #125 ) (Chan, Connie) (Filed on 11/5/2021)
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Filing 129
Declaration of Rigoberto Sarmiento in Support of #125 Opposition/Response to Motion for Summary Judgment (ECF 28, 72) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Related document(s) #125 ) (Chan, Connie) (Filed on 11/5/2021)
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Filing 128
Declaration of Alejandro R. Ashworth in Support of #125 Opposition/Response to Motion for Summary Judgment (ECF 28, 72) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit X, #2 Exhibit Y)(Related document(s) #125 ) (Chan, Connie) (Filed on 11/5/2021)
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Filing 127
EXHIBITS re #126 Declaration in Support,, of Plaintiffs' Opposition to Defendants Fresh Harvest and SMD's MSJs filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit F, #2 Exhibit G, #3 Exhibit H, #4 Exhibit 102, #5 Exhibit 103, #6 Exhibit 105, #7 Exhibit 106, #8 Exhibit 107, #9 Exhibit 108, #10 Exhibit 109, #11 Exhibit 110, #12 Exhibit 111, #13 Exhibit 113, #14 Exhibit 114, #15 Exhibit 115, #16 Exhibit 116, #17 Exhibit I, #18 Exhibit 117, #19 Exhibit 118, #20 Exhibit 119, #21 Exhibit 120, #22 Exhibit 121, #23 Exhibit J, #24 Exhibit K, #25 Exhibit L, #26 Exhibit M, #27 Exhibit N, #28 Exhibit O, #29 Exhibit P, #30 Exhibit Q, #31 Exhibit R, #32 Exhibit S, #33 Exhibit T, #34 Exhibit U, #35 Exhibit V, #36 Exhibit W)(Related document(s) #126 ) (Chan, Connie) (Filed on 11/5/2021)
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Filing 126
Declaration of Connie K. Chan in Support of #125 Opposition/Response to Motion for Summary Judgment (ECF 28, 72) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 3, #4 Exhibit C, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 38, #8 Exhibit 39, #9 Exhibit 40, #10 Exhibit 41, #11 Exhibit 42, #12 Exhibit 44, #13 Exhibit 51, #14 Exhibit D, #15 Exhibit 52, #16 Exhibit 56, #17 Exhibit 66, #18 Exhibit 67, #19 Exhibit 68, #20 Exhibit 71, #21 Exhibit E)(Related document(s) #125 ) (Chan, Connie) (Filed on 11/5/2021)
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Filing 125
OPPOSITION/RESPONSE (re #72 MOTION for Summary Judgment , #28 MOTION for Summary Judgment ) filed byGustavo Luevano-Vaca, Rigoberto Sarmiento. (Chan, Connie) (Filed on 11/5/2021)
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Filing 124
ORDER on #121 October 29, 2021 Joint Discovery Submission. Signed by Judge Susan van Keulen on 11/2/2021. (Attachments: #1 Exhibit A)(svklc1, COURT STAFF) (Filed on 11/2/2021)
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Filing 123
TRANSCRIPT ORDER for proceedings held on 10/07/2021 before Judge Beth Labson Freeman by Gustavo Luevano-Vaca, Rigoberto Sarmiento, for Court Reporter Lee-Anne Shortridge. (Cervantez, Eve) (Filed on 11/1/2021)
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Filing 122
Transcript of Proceedings held on 10-7-21, before Judge Beth Labson Freeman. Court Reporter Lee-Anne Shortridge, telephone number 408-287-4580. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #120 Transcript Order ) Release of Transcript Restriction set for 1/30/2022. (Related documents(s) #120 ) (las, ) (Filed on 11/1/2021)
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Filing 121
Joint Discovery Letter BriefRe Discovery Disputes filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A to Joint Discovery Statement re Neutral Statement)(Cervantez, Eve) (Filed on 10/29/2021)
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Filing 120
TRANSCRIPT ORDER for proceedings held on 10/07/2021 before Judge Beth Labson Freeman by Fresh Foods, Inc., Fresh Harvest, Inc.,, SMD Logistics, Inc., for Court Reporter Lee-Anne Shortridge. (Michalak, Ian) (Filed on 10/20/2021)
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Filing 119
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 10/7/2021 re #66 MOTION to Dismiss Defendants' Counterclaim for Failure to State a Claim filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. Total Time in Court: 10:18 - 11:02. Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Dawson Morton, Eve Cervantez, Jim Finberg. Defendant Attorney: Ana Toledo, Robert Mussig. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 10/7/2021)
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Filing 118
Order Granting (AS MODIFIED BY THE COURT) #117 Stipulation re Briefing Schedule on Motion re Class Communications. Signed by Judge Susan van Keulen on 10/4/2021. (svklc1S, COURT STAFF) (Filed on 10/4/2021)
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Filing 117
STIPULATION WITH PROPOSED ORDER re Briefing Schedule re ECF 88 filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Cervantez, Eve) (Filed on 10/1/2021)
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Filing 116
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR. Motion Hearing as to #66 MOTION to Dismiss Defendants' Counterclaim for Failure to State a Claim set for 10/7/2021 09:00 AM before Judge Beth Labson Freeman will be held by Zoom Webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Cou rt Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than October 5, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 10/1/2021)
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Filing 115
ORDER FOLLOWING SEPTEMBER 29, 2021 DISCOVERY HEARING re #109 #112 Discovery Letter Briefs. Signed by Judge Susan van Keulen on 9/29/2021. (svklc1S, COURT STAFF) (Filed on 9/29/2021)
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Filing 114
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Discovery Hearing held on 9/29/2021 via Zoom.All parties appeared via Zoom. The Court took the matter under submission; order to issue.Total Time in Court: 10:02-10:51am (49 mins). Zoom Recording. Plaintiff Attorney: Dawson Morton and Eve Cervantez. Defendant Attorney Fresh Harvest Inc et al: Ian Michalak and Tyler Johnson/Fresh Foods Inc et al: Ana C. Toledo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 9/29/2021)
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Filing 113
CLERKS NOTICE CONFIRMING 9/29/21 DISCOVERY HEARING. Discovery Hearing set for 9/29/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Parties are to report to the Court re defendants' document production of 9/27 and to be prepared to address production of additional FLAG related documents.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than September 28, 2021 at 2:00PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) ( jhfS, COURT STAFF) (Filed on 9/27/2021)
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Filing 112
Joint Discovery Letter BriefRe Plaintiffs' Motion to Compel Responses to Plaintiffs' Third Set of RFPs to Defendants Fresh Harvest and SMD filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Chart of Discovery Disputes, #2 Proposed Order Granting Plaintiffs' Motion to Compel)(Chan, Connie) (Filed on 9/27/2021)
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Filing 111
Declaration of Leticia Ridaura Pursuant to Court's September 21, 2021 Order re Discovery filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 9/24/2021)
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Filing 110
Declaration of David Scaroni Pursuant to Court's September 21, 2021 Order re Discovery filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 9/24/2021)
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Filing 109
Statement Re Discovery Relating to Farm Labor Association for Growers (ECF 108) by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Chan, Connie) (Filed on 9/24/2021)
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Filing 108
Discovery Order re #107 Statement. Signed by Judge Susan van Keulen on 9/21/2021. (svklc1S, COURT STAFF) (Filed on 9/21/2021)
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Filing 107
JOINT Statement [CORRECTED, JOINT] RE DISCOVERY DISPUTES FOLLOWING COURTS SEPTEMBER 9, 2021 ORDER (ECF 102) by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A - 9.9.21 Ltr from Chan to Johnson, #2 Exhibit B - 9.15.21 Ltr from Chan to Johnson, #3 Exhibit C - Email Exchange with Chan and Johnson)(Chan, Connie) (Filed on 9/17/2021) Modified TEXT on 9/17/2021 (cv, COURT STAFF).
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Filing 106
*** POSTED IN ERROR *** please see #107 Statement [JOINT] RE DISCOVERY DISPUTES FOLLOWING COURTS SEPTEMBER 9, 2021 ORDER (ECF 102) by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Exhibit A - 9.9.21 Ltr from Chan to Johnson, #2 Exhibit B - 9.15.21 Ltr from Chan to Johnson, #3 Exhibit C - Email Exchange with Chan and Johnson)(Chan, Connie) (Filed on 9/17/2021) Modified text on 9/17/2021 (cv, COURT STAFF).
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Filing 105
ORDER GRANTING #103 MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 9/15/2021. (blflc4S, COURT STAFF) (Filed on 9/15/2021)
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Filing 104
Declaration of Ian A.Michalak in Support of #102 Discovery Order Declaration of Ian A. Michalak Pursuant To Court's September 9, 2021 Order Regarding Discovery filed byFresh Foods, Inc., Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Related document(s) #102 ) (Michalak, Ian) (Filed on 9/13/2021)
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Filing 103
MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment filed by Gustavo Luevano-Vaca, Rigoberto Sarmiento. (Attachments: #1 Declaration of Connie K. Chan, #2 Proposed Order)(Chan, Connie) (Filed on 9/9/2021)
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Filing 102
Discovery Order following September 8, 2021 Hearing re #97 Joint Case Management Statement. Signed by Judge Susan van Keulen on 9/9/2021. (svklc1S, COURT STAFF) (Filed on 9/9/2021)
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Filing 101
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Further Discovery Hearing held on 9/8/2021 via Zoom.All parties appeared via Zoom. Court to issue order.Total Time in Court: 1:30-2:39pm (1 hour 9 minutes). Zoom Recording. Plaintiff Attorney: Zoe Palitz and Connie Chan. Defendant Attorney Fresh Harvest Inc et al: Tyler Johsnon/Fresh Foods Inc et al: Ann C. Toledo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 9/8/2021)
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Filing 100
ORDER TO CORRECT CASE CAPTION. Signed by Judge Beth Labson Freeman on 9/8/2021. (blflc4S, COURT STAFF) (Filed on 9/8/2021)
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Filing 99
CLERK'S NOTICE CONTINUANCE OF 9/22/21 MOTION #88 HEARING TO 12/16/21.Motion #88 Hearing set for 12/16/2021 10:00 AM in San Jose, - To be determined before Magistrate Judge Susan van Keulen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 9/7/2021)
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Filing 98
NOTICE of Appearance by Connie K Chan (Chan, Connie) (Filed on 9/7/2021)
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Filing 97
JOINT CASE MANAGEMENT STATEMENT re Discovery Disputes Relating to Pending Motions for Summary Judgment filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Attachments: #1 Exhibit A)(Palitz, Zoe) (Filed on 9/3/2021)
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Filing 96
NOTICE by Gustavo Leuvano-Vaca, Rigoberto Saramiento re #94 Discovery Order re Briefing and Hearing Dates (Cervantez, Eve) (Filed on 9/3/2021)
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Filing 95
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Status Conference held on 9/3/2021 via Zoom.All parties appeared via Zoom. Court to issue order.Total Time in Court: 10:02-10:58am (56 mins). Zoom Recording. Plaintiff Attorney: Dawson Morton, Eve Cervantez and Zoe Palitz. Defendant Attorney: Fresh Harvest Inc et al: Robert Mussig/ Fresh Foods Inc et al: Ana C. Toledo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 9/3/2021)
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Filing 94
ORDER FOLLOWING SEPTEMBER 3, 2021 STATUS CONFERENCE RE PLAINTIFFS MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION RE CLASS COMMUNICATIONS. Signed by Judge Susan van Keulen on 9/3/2021. (svklc1S, COURT STAFF) (Filed on 9/3/2021)
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Filing 93
CLERKS NOTICE SETTING ZOOM HEARING. Status Conference set for 9/3/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.The Motion re #91 Hearing set for 9/3/21 at 10:00 AM is vacated.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk < /p |
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Filing 92
ORDER Setting Status Conference on 9/3/2021 at 10:00 AM. Signed by Judge Susan van Keulen on 8/31/2021. (svklc1S, COURT STAFF) (Filed on 8/31/2021)
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Filing 91
MOTION for Extension of Time to File Response/Reply as to #88 Notice (Other),, 90 Clerk's Notice,,,,,, Util - Teleconference Zoom,,,,,, Set Motion and Deadlines/Hearings,,,,, filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Attachments: #1 Proposed Order, #2 Declaration Decl. of D. Morton, #3 Exhibit Ex. A to Morton Decl (email re stipulation for extension))(Morton, Dawson) (Filed on 8/30/2021) Modified on 9/7/2021 (jhfS, COURT STAFF).
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Filing 90
CLERK'S NOTICE Motion re #88 Hearing set for 9/22/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Opposition due by 9/8/2021. Reply due by 9/15/2021.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk Court Appeara nces: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than 9/20/21 at 2:00 PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 8/27/2021)
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Filing 89
REFERRAL ORDER. Signed by Judge Beth Labson Freeman on 8/26/2021. (blflc4S, COURT STAFF) (Filed on 8/26/2021)
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Filing 88
NOTICE of Motion by Fresh Harvest, Inc., SMD Logistics, Inc. Notice of Motion to (1) Require Plaintiffs and Their Counsel to Obtain Approval for Any Future Communications with Putative Class Members; (2) Send A Corrective Notice to the Putative Class; and (3) Sanction Plaintiffs' Counsel in the Amount of $11,925 (Attachments: #1 Memorandum of Points and Authorities In Support Thereof, #2 Appendix of Declarations In Support Thereof, #3 Proposed Order)(Michalak, Ian) (Filed on 8/25/2021) Modified on 12/7/2021 (sfb, COURT STAFF).
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Filing 87
ORDER Following August 24, 2021 Discovery Hearing. Signed by Judge Susan van Keulen on 8/24/2021. (svklc2S, COURT STAFF) (Filed on 8/24/2021)
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Filing 86
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Discovery Hearing held on 8/24/2021 via Zoom.All parties appeared via Zoom. Court to issue short order.Total Time in Court: 10:00-10:10am (10 mins). Zoom Recording. Plaintiff Attorney: Zoe Palitz & Dawson Morton. Defendant Attorney: Tyler Johnson/Ana C. Toledo. The Further Discovery Hearing remains as previously set for 9/8/2021 01:30 PM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #h ttps://www.cand.uscourts.gov/svk Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than 9/6/21 at 2:00PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https:/ /www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 8/24/2021)
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Filing 85
CLERKS NOTICE SETTING ZOOM HEARING PER ORDER AT [Dkt. #84 ]Discovery Hearing re #83 set for 8/24/2021 10:00 AM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen.Further Discovery Hearing set for 9/8/2021 01:30 PM in San Jose, - Videoconference Only before Magistrate Judge Susan van Keulen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than 8/23/21 at 12:00PM PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 8/ 18/2021)
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Filing 84
ORDER by Judge Susan van Keulen setting August 24, 2021 Hearing in re #83 Expedited Discovery for Summary Judgment. (svklc2S, COURT STAFF) (Filed on 8/18/2021)
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Filing 83
STIPULATION WITH PROPOSED ORDER re 80 Discovery Hearing,,, Corrected with Defendants' Final Approval filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Finberg, James) (Filed on 8/16/2021) Modified on 8/24/2021 (jhfS, COURT STAFF).
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Filing 82
STIPULATION WITH PROPOSED ORDER re 80 Discovery Hearing,,, Plaintiffs' version with Defendants' additions but without Defendants' final approval filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Morton, Dawson) (Filed on 8/16/2021)
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Filing 81
ORDER on #68 Discovery Letter Brief re Plaintiffs' Subpoenas to Verizon Wireless and AT&T. Signed by Judge Susan van Keulen on 8/11/2021. (svklc1S, COURT STAFF) (Filed on 8/11/2021)
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Filing 80
Minute Entry for proceedings held before Magistrate Judge Susan van Keulen: Discovery Conference held on 8/10/2021 via Zoom.All parties appeared via Zoom.The Court takes the matter under submission; order to issue.Parties to meet and confer on proposal re timing of discovery and file stipulation by 8/16/21. Any discovery dispute will need to be heard by 9/7/21.Total Time in Court: 11:02-11:39am (37 mins). Zoom Recording. Plaintiff Attorney: James Finberg & Dawson Morton. Defendant Attorney: Fresh Harvest Inc-Robert Mussig/Fresh Foods Inc-Lindsey Berg-James. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Date Filed: 8/10/2021)
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Filing 79
REPLY (re #66 MOTION to Dismiss Defendants' Counterclaim for Failure to State a Claim ) filed byGustavo Leuvano-Vaca, Rigoberto Saramiento. (Palitz, Zoe) (Filed on 8/6/2021)
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Filing 78
CLERK'S NOTICE RESETTING MOTION HEARING per #76 ORDER ON DEFENDANTS' PENDING MOTIONS FOR SUMMARY JUDGMENT. #28 MOTION for Summary Judgment . Motion Hearing set for 12/9/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 8/6/2021)
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Filing 77
ORDER on #63 #67 #70 Discovery Letter Briefs. Signed by Judge Susan van Keulen on 8/6/2021. (Attachments: #1 Exhibit Chart of Rulings re Fresh Harvest, #2 Exhibit Chart of Rulings re SMD, #3 Exhibit Chart of Rulings re ECF 67)(svklc1S, COURT STAFF) (Filed on 8/6/2021)
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Filing 76
ORDER ON DEFENDANTS' PENDING MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 8/5/2021. (blflc4S, COURT STAFF) (Filed on 8/5/2021)
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Filing 75
NOTICE of Appearance by Robert Mussig (Mussig, Robert) (Filed on 8/5/2021)
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Filing 74
CLERK'S NOTICE ZOOM HEARING INSTRUCTIONSThe Discovery Conference on 8/10/21 at 11:00am will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/svk Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than August 9, 2021 at 12:00pm PDT.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 8/5/2021)
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Filing 73
ORDER SETTING DISCOVERY CONFERENCE FOR TUESDAY, AUGUST 10, 2021. Signed by Judge Susan van Keulen on 8/5/2021. (svklc1S, COURT STAFF) (Filed on 8/5/2021)
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Filing 72
MOTION for Summary Judgment filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. Motion Hearing set for 12/9/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/18/2021. Replies due by 8/25/2021. (Attachments: #1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, #2 Declaration APPENDIX OF DECLARATIONS, #3 Proposed Order)(Michalak, Ian) (Filed on 8/4/2021)
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Filing 71
NOTICE of Appearance by Zoe Louise Palitz (Palitz, Zoe) (Filed on 8/4/2021)
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Filing 70
Supplemental Discovery Letter BriefRe Plaintiffs' Motion to Compel Discovery Responses from Defendants Fresh Harvest and SMD Logistics filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Attachments: #1 Exhibit Chart for Discovery Requests to Def. Fresh Harvest, #2 Exhibit Chart for Discovery Requests to Def. SMD Logistics, #3 Exhibit Pls' Ex. to Chart for Discovery to SMD Logistics (SMD Log Book), #4 Exhibit Ex. A (Pls Req for Production to Def Fresh Harvest), #5 Exhibit Ex. B (Pls Req for Production to Def. SMD Logistics), #6 Exhibit Ex. C (Def. Fresh Harvest's Responses), #7 Exhibit Ex. D (Def. SMD Logistics' Responses), #8 Exhibit Ex. E (Def. Fresh Harvest's Supplemental Resp.), #9 Exhibit Ex. F (Def. SMD Logistics Supplemental Resp.))(Morton, Dawson) (Filed on 7/30/2021)
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Filing 69
OPPOSITION/RESPONSE (re #66 MOTION to Dismiss Defendants' Counterclaim for Failure to State a Claim ) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 7/30/2021)
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Filing 68
Joint Discovery Letter Brief re Plaintiffs' Subpoenas to Verizon and AT&T filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 7/29/2021)
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Filing 67
Joint Discovery Letter Briefre Discovery Dispute filed by Fresh Foods, Inc., Rava Ranches, Inc.. (Berg, Lindsey) (Filed on 7/28/2021)
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Filing 66
MOTION to Dismiss Defendants' Counterclaim for Failure to State a Claim filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. Motion Hearing set for 10/7/2021 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman. Responses due by 7/30/2021. Replies due by 8/6/2021. (Attachments: #1 Proposed Order)(Cervantez, Eve) (Filed on 7/16/2021)
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Filing 65
Discovery Order re #63 Joint Discovery Letter Brief. Supplemental Joint Submission due within 15 days of the date of this order. Signed by Judge Susan van Keulen on 7/15/2021. (svklc1S, COURT STAFF) (Filed on 7/15/2021)
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Filing 64
Order re #63 Joint Discovery Letter Brief. Chart re discovery disputes due 7/8/2021. Signed by Judge Susan van Keulen on 7/2/2021. (svklc1S, COURT STAFF) (Filed on 7/2/2021)
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Filing 63
Joint Discovery Letter Briefre Plaintiffs' Motion to Compel Discovery Responses from Defendants Fresh Harvest and SMD Logistics filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Attachments: #1 Exhibit Ex. A (Pls Req for Prod. to Def. Fresh Harvest), #2 Exhibit Ex. B (Pls Req for Prod to Def SMD Logistics), #3 Exhibit Ex C (Discovery Objections of Fresh Harvest), #4 Exhibit Ex D (Discovery Objections of SMD Logistics), #5 Exhibit Ex E (Supp Disc Resp of Fresh Harvest), #6 Exhibit Ex. F (Supp Disc Resp of SMD Logistics), #7 Exhibit Ex G (Sample of Redactions in Defs' Disc. Resp.))(Morton, Dawson) (Filed on 6/29/2021)
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Filing 62
ORDER re #58 Discovery Letter Brief. Signed by Judge Susan van Keulen on 6/29/2021. (svklc1S, COURT STAFF) (Filed on 6/29/2021)
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Filing 61
NOTICE of Appearance by Ian Michalak (Michalak, Ian) (Filed on 6/29/2021)
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Filing 60
Answer to Amended Complaint byFresh Foods, Inc., Rava Ranches, Inc.. (Toledo, Ana) (Filed on 6/28/2021)
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Filing 59
Answer to #53 Amended Complaint , COUNTERCLAIM against Gustavo Leuvano-Vaca byFresh Harvest, Inc., SMD Logistics, Inc. (Johnson, Tyler) (Filed on 6/25/2021) Modified on 6/28/2021 (sfbS, COURT STAFF).
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Filing 58
Joint Discovery Letter Briefre Subpoena to Jeanne Malitz of Malitzlaw, Inc. filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 6/25/2021)
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Filing 57
NOTICE of Appearance by James M. Finberg and Eve H. Cervantez (Finberg, James) (Filed on 6/22/2021)
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Filing 56
ORDER granting (as modified by the Court) #55 Stipulated Protective Order. Signed by Judge Susan van Keulen on 6/21/2021. (svklc1S, COURT STAFF) (Filed on 6/21/2021)
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Filing 55
STIPULATION WITH PROPOSED ORDER re #49 Order on Discovery Letter Brief,, FOR PROPOSED PROTECTIVE ORDER filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (Morton, Dawson) (Filed on 6/17/2021)
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Filing 54
ORDER GRANTING IN PART AND DENYING IN PART #48 MOTION TO EXTEND PLEADING AMENDMENT DEADLINE. Signed by Judge Beth Labson Freeman on 6/15/2021.(blflc4S, COURT STAFF) (Filed on 6/15/2021)
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Filing 53
AMENDED COMPLAINT against Fresh Foods, Inc., Fresh Harvest, Inc., Rava Ranches, Inc., SMD Logistics, Inc. Filed by Gustavo Leuvano-Vaca, Rigoberto Saramiento. (sfbS, COURT STAFF) (Filed on 6/11/2021)
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Filing 52
ORDER GRANTING #45 MOTION TO FILE AMENDED COMPLAINT AND JOIN PLAINTIFF. Signed by Judge Beth Labson Freeman on 6/10/2021.(blflc4S, COURT STAFF) (Filed on 6/10/2021)
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Filing 51
Statement of Non-Opposition Plaintiff's Motion to Amend Complaint filed byFresh Foods, Inc., Rava Ranches, Inc.. (Toledo, Ana) (Filed on 6/10/2021)
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Filing 50
Statement of Non-Opposition to Plaintiff's Motion to Amend Complaint filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 6/10/2021)
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Filing 49
ORDER on Joint Discovery Submissions. Signed by Judge Susan van Keulen on 6/9/2021. (svklc1S, COURT STAFF) (Filed on 6/9/2021)
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Filing 48
MOTION for Extension of Time to Amend #27 Case Management Scheduling Order,, AND EXTEND PLEADINGS AMENDMENT DEADLINE filed by Rigoberto Saramiento. (Attachments: #1 Affidavit Decl. of D. Morton, #2 Proposed Order)(Morton, Dawson) (Filed on 6/7/2021)
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Filing 47
ORDER DENYING MOTION FOR RULE 56(D) STAY OR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 6/1/2021. (blflc4S, COURT STAFF) (Filed on 6/1/2021)
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Filing 46
Discovery Letter Brief in Response to Plaintiff's Subpoenas for Financial Records filed by Fresh Foods, Inc., Rava Ranches, Inc.. (Johnson, Tyler) (Filed on 5/28/2021)
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Filing 45
MOTION to Amend/Correct #1 Complaint and Join Plaintiff filed by Rigoberto Saramiento. Motion Hearing set for 10/21/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/10/2021. Replies due by 6/17/2021. (Attachments: #1 Memorandum of Points & Authorities, #2 Exhibit Ex. A (Proposed Amended Complaint), #3 Exhibit Ex. B (Proposed Amended Complaint in Redline format), #4 Proposed Order Proposed Order)(Morton, Dawson) (Filed on 5/27/2021)
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Filing 44
REPLY (re #28 MOTION for Summary Judgment ) filed byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Declaration of Tyler Johnson ISO Reply ISO Motion for Summary Judgment)(Johnson, Tyler) (Filed on 5/21/2021)
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Filing 43
Joint Discovery Letter Brief re Subpoena to Hayashi Wayland filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Attachments: #1 Proposed Order by Plaintiff's re Subpoenas to Hayashi Wayland, #2 Proposed Order by Defendants Quashing Subpoenas)(Johnson, Tyler) (Filed on 5/20/2021)
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Filing 42
OPPOSITION/RESPONSE (re #38 Discovery Letter Briefre Plaintiff's Subpoenas ) To COURT'S ORDER OF MAY 5, 2021 AND IN POPOSITION TO DEFENDANTS' MOTION TO QUASH BANK SUBPOENAS filed byRigoberto Saramiento. (Attachments: #1 Exhibit Ex A (SMD Logistics Grower contract), #2 Exhibit Chart for Mechanics Bank Subpoena, #3 Exhibit Chart for Pacific Valley Bank Subpoena)(Morton, Dawson) (Filed on 5/17/2021)
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Filing 41
OPPOSITION/RESPONSE (re #28 MOTION for Summary Judgment ) AND REQUEST FOR RULE 56(D) STAY OR DISMISSAL filed byRigoberto Saramiento. (Attachments: #1 Exhibit Ex A (Objections to Req. for Production to Fresh Harvest), #2 Exhibit Ex B (Objections to Req. for Production to SMD Logistics), #3 Declaration Ex. C (56(d) Decl of D Morton), #4 Exhibit Ex D (Farm Labor Association for Growers Job Order), #5 Exhibit Ex E (OALJ Decision In the Matter of Fresh Harvest, Inc., Employer), #6 Exhibit Ex F (SMD Logistics job order), #7 Exhibit Ex G (Resp. and Objections to Req. for Production to Fresh Foods))(Morton, Dawson) (Filed on 5/10/2021)
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Filing 40
ORDER ON [31, 38] JOINT DISCOVERY LETTER BRIEF. Signed by Judge Susan van Keulen on 5/5/2021. (svklc1S, COURT STAFF) (Filed on 5/5/2021)
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Filing 39
ORDER GRANTING #37 STIPULATION ON DEADLINES. Signed by Judge Beth Labson Freeman on 5/4/2021. (blflc4S, COURT STAFF) (Filed on 5/4/2021)
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Filing 38
Discovery Letter Briefre Plaintiff's Subpoenas filed by Fresh Foods, Inc., Rava Ranches, Inc.. (Toledo, Ana) (Filed on 5/4/2021)
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Filing 37
STIPULATION WITH PROPOSED ORDER re Case Deadlines filed by Fresh Foods, Inc., Rava Ranches, Inc.. (Toledo, Ana) (Filed on 4/30/2021)
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Filing 36
ORDER GRANTING #35 STIPULATION ON BRIEFING DEADLINES. Signed by Judge Beth Labson Freeman on 4/27/2021. (blflc4S, COURT STAFF) (Filed on 4/27/2021)
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Filing 35
STIPULATION WITH PROPOSED ORDER re #33 ADMINISTRATIVE MOTION Extend Time for Filing Opposition to Motion for Summary Judgment re #28 MOTION for Summary Judgment , #28 MOTION for Summary Judgment to Extend Time for Opposition and Reply Briefs filed by Rigoberto Saramiento. (Morton, Dawson) (Filed on 4/26/2021)
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Filing 34
EXHIBITS re #31 Statement Exhibits to the Joint Statement re Plaintiff's Subpoenas filed byFresh Foods, Inc., Rava Ranches, Inc.. (Attachments: #1 Exhibit)(Related document(s) #31 ) (Toledo, Ana) (Filed on 4/26/2021)
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Filing 33
ADMINISTRATIVE MOTION Extend Time for Filing Opposition to Motion for Summary Judgment re #28 MOTION for Summary Judgment filed by Rigoberto Saramiento. Responses due by 4/30/2021. (Attachments: #1 Declaration Decl. of D. Morton, #2 Proposed Order)(Morton, Dawson) (Filed on 4/26/2021)
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Filing 32
ADR Remark: ADR Phone Conference held on 4/26/2021 by Tamara Lange. (af, COURT STAFF) (Filed on 4/26/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.)
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Filing 31
Statement Joint Statement re Plaintiff's Subpoenas by Fresh Foods, Inc., Rava Ranches, Inc.. (Toledo, Ana) (Filed on 4/23/2021)
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Filing 30
ADR Clerk's Notice Setting ADR Phone Conference on Monday, April 26, 2021, at 10:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 4/20/2021)
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Filing 29
NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Toledo, Ana) (Filed on 4/19/2021)
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Filing 28
MOTION for Summary Judgment filed by Fresh Harvest, Inc.,, SMD Logistics, Inc.. Motion Hearing set for 9/30/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/28/2021. Replies due by 5/5/2021. (Attachments: #1 Supplement Memorandum of Points and Authorities ISO Motion for Summary Judgment, #2 Appendix of Declarations ISO Motion for Summary Judgment, #3 Proposed Order Granting Motion for Summary Judgment)(Johnson, Tyler) (Filed on 4/14/2021)
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Filing 27
CASE MANAGEMENT ORDER: Motion for Class Certification due by 4/29/2022. Last Day to Hear Dispositive Motions set for 6/22/2023 09:00 AM. Final Pretrial Conference set for 10/12/2023 01:30 PM. Jury Selection set for 11/13/2023 09:00. Jury Trial set for 11/13/2023, 11/14/2023, 11/15/2023, 11/16/2023, 11/17/2023, 11/20/2023, 11/21/2023, 11/22/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 4/8/2021. (tshS, COURT STAFF) (Filed on 4/8/2021)
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Filing 26
Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 4/8/2021.Total Time in Court: 11:21 - 11:45 (23 Minutes). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Dawson Morton via Zoom Webinar. Defendant Attorney: Tyler Johnson, Derek Havel, Lisa Berg-James via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 4/8/2021)
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Filing 25
CLERKS NOTICE CONVERTING CASE MANAGEMENT CONFERENCE TO ZOOM WEBINAR CONFERENCE. Initial Case Management Conference set for 4/8/2021 11:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than April 6, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 4/2/2021)
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Filing 24
NOTICE by Fresh Foods, Inc., Rava Ranches, Inc. Designation of Counsel for Defendant (Toledo, Ana) (Filed on 4/2/2021)
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Filing 23
CASE MANAGEMENT STATEMENT and 26(f) Report filed by Rigoberto Saramiento. (Morton, Dawson) (Filed on 4/1/2021)
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Filing 22
AMENDED ANSWER to Complaint byFresh Foods, Inc., Rava Ranches, Inc. (Toledo, Ana) (Filed on 3/24/2021) Modified on 3/25/2021 (sfbS, COURT STAFF).
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Filing 21
AMENDED ANSWER to #1 Complaint byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 3/24/2021)
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Filing 20
ASSOCIATION of Counsel by Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Havel, Derek) (Filed on 3/17/2021)
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Filing 19
ASSOCIATION of Counsel by Fresh Harvest, Inc.,, SMD Logistics, Inc.. (Johnson, Tyler) (Filed on 3/15/2021)
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Filing 18
ORDER GRANTING STIPULATION #17 TO EXTEND TIME TO FILE MOTION TO STRIKE DEFENDANTS' ANSWERS. Signed by Judge Beth Labson Freeman on 1/26/2021. (blflc4S, COURT STAFF) (Filed on 1/28/2021)
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Filing 17
STIPULATION WITH PROPOSED ORDER to Extend Time For Motion to Strike Regarding Defendants' Answers filed by Rigoberto Saramiento. (Attachments: #1 Declaration Decl. of D. Morton, #2 Proposed Order)(Morton, Dawson) (Filed on 1/26/2021)
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Filing 16
ORDER GRANTING #15 STIPULATION TO EXTEND TIME TO FILE MOTION TO STRIKE. Signed by Judge Beth Labson Freeman on 1/12/2021.(blflc4, COURT STAFF) (Filed on 1/12/2021)
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Filing 15
STIPULATION WITH PROPOSED ORDER re #14 Answer to Complaint, #13 Answer to Complaint to Extend Time For Motion to Strike Regarding Defendants' Answers filed by Rigoberto Saramiento. (Attachments: #1 Proposed Order, #2 Declaration Decl. of D. Morton)(Morton, Dawson) (Filed on 1/11/2021)
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Filing 14
ANSWER to Complaint byFresh Foods, Inc., Rava Ranches, Inc.. (Toledo, Ana) (Filed on 12/22/2020)
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Filing 13
ANSWER to Complaint byFresh Harvest, Inc.,, SMD Logistics, Inc.. (Stoll, Charley) (Filed on 12/21/2020)
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Filing 12
CLERK'S NOTICE RESETTING CASE MANAGMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 4/1/2021. Initial Case Management Conference set for 4/8/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 12/7/2020)
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Filing 11
ORDER PROVIDING PARTIES NOTICE OF RULE 12 MOTION GUIDELINES. Signed by Judge Beth Labson Freeman on 12/4/2020. (blflc4S, COURT STAFF) (Filed on 12/4/2020)
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed Clerk on 12/3/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 12/3/2020)
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Filing 9
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhfS, COURT STAFF) (Filed on 12/2/2020)
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Filing 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rigoberto Saramiento.. (Morton, Dawson) (Filed on 12/2/2020)
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Filing 7
CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/14/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 11/30/2020)
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Filing 6
Summons Issued as to Fresh Foods, Inc., Fresh Harvest, Inc.,, Rava Ranches, Inc., SMD Logistics, Inc.. (dhmS, COURT STAFF) (Filed on 11/13/2020)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 2/9/2021 . Initial Case Management Conference set for 2/16/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (dhmS, COURT STAFF) (Filed on 11/12/2020)
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Filing 4
Civil Cover Sheet by Rigoberto Saramiento . (Morton, Dawson) (Filed on 11/12/2020)
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Filing 3
Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/27/2020. (bwS, COURT STAFF) (Filed on 11/12/2020)
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Filing 2
Proposed Summons. (Attachments: #1 Summons SMD Logistics proposed summons, #2 Summons Fresh Foods proposed summons, #3 Summons Rava Ranches proposed summons)(Morton, Dawson) (Filed on 11/12/2020)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-15184844.). Filed byRigoberto Saramiento. (Attachments: #1 Civil Cover Sheet)(Morton, Dawson) (Filed on 11/12/2020)
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#Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 04/97) used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: #1 . #1 Complaint filed by Rigoberto Saramiento (bwS, COURT STAFF) (Filed on 11/12/2020)
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