Opinion
Case No: 1:05-cv-01417-FVS-SMS.
February 7, 2006
Stan S. Mallison, (SBN 184191), Hector R. Martinez (SBN 206336), LAW OFFICES OF MALLISON MARTINEZ, Lafayette, CA, David A. Rosenfeld (SBN 058163), W. Daniel Boone (SBN 046553), Christian L. Raisner (SBN 133839), WEINBERG, ROGER ROSENFELD, Alameda, CA, Attorneys for Plaintiffs.
BARSIMIAN, SAQUI MOODY, Ronald H. Barsamian Attorneys for defendant D.M. Camp Sons.
MORGAN, LEWIS BOCKIUS, LLP, Brendan Dolan, Attorneys for defendants Mark Zaninovich and Sunview Vineyards.
LAW OFFICES OF JOSEPH C. MARKOWITZ, Joseph C. Markowitz, Attorneys for defendant Guimarra Vineyards Corporation.
ALEXANDER ASSOCIATES, PLC, Amy Johnson Barks, Attorneys for defendant El Rancho Farms.
HOGAN KLINGENBERGER, David A. Dixon, Attorneys for Defendants Stevco, Inc. and FAL, Inc. dba Lucich Farms.
RYNN JANOWSKY, LLP, Marion I. Quesenbery, Attorneys for Defendant Castle Rock Farming and Transport, Inc.
WEINBERG, ROGER ROSENFELD, Christian L. Raisner, Attorneys for plaintiffs.
STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND; ORDER ON STIPULATION [Local Rule 6-144] CLASS ACTION
STIPULATION
WHEREAS, the Case Scheduling Conference has been re-set for April 11, 2006;
WHEREAS at the meet and confer on January 31, 2006 and attended by counsel for each party to the above-entitled action, counsel for plaintiffs stated that they intend to file a second amended complaint to clarify the existing pleadings and assert claims against each defendant for penalties under Labor Code § 2699; however the claims for penalties under California Labor Code § 2699 cannot be asserted until the statutory period has expired, which period will expire at varying times relative to the different defendants based on the dates on which plaintiffs submitted formal written demands to the California Labor Workforce Development Agency pursuant to the applicable statutory authority, but as to all defendants the period is not expected to expire later than March 6, 2006;
WHEREAS, counsel for each of the defendants indicated at the January 31, 2006 meet and confer session that they intend to bring motions to dismiss the first amended complaint, and, based on the representations of plaintiffs' counsel regarding its contents, would move to dismiss the anticipated second amended complaint;
WHEREAS, counsel for all parties do not wish to cause undue expense and consumption of judicial resources by the filing of motions to dismiss the first amended complaint where it is a certainty that plaintiffs will be filing a second amended complaint;
WHEREAS, defendant Giumarra Vineyards Corporation is also party to another action pending in this Court, Valenzuela et al v. Giumarra Vineyards Corporation, Case No. 1:05 CV-01600-FVS-SMS, which involves similar allegations, and wishes to coordinate the timing of proceedings in that action with those in this action;
WHEREAS, counsel for all parties believe that a specific schedule for the filing of plaintiffs' second amended complaint, the filing of defendants' responsive motions, and the timing of the initial scheduling conference would be appropriate under the above described circumstances;
WHEREAS, prior extensions of thirty (30) days have been granted to each defendant in this matter by stipulation or by order of the Court;
WHEREAS, subject to the Court's approval, each party through their undersigned attorneys stipulate as follows
1. Plaintiffs shall file and serve the second amended complaint on the defendants by March 10, 2006;
2. Defendants shall have 30 days to answer, respond or object to Plaintiffs' second amended complaint. In the event defendants, or any of them, move to dismiss the second amended complaint, the hearing date on such motion shall be on a date convenient to the court following the completion of briefing on the motion(s). Plaintiffs' opposition papers shall be filed and served not later than 30 days after Defendants' service of their motion(s). Defendants' reply papers shall be filed and served not later than 20 days after Plaintiffs' service of their opposition papers.
3. Plaintiffs and defendant Giumarra Vineyards Corporation shall meet and confer to seek to coordinate the proceedings in the Valenzuela case with this case.
ORDER ON STIPULATION
The undersigned, having read and considered the foregoing Stipulation of the parties, and good cause appearing, the foregoing numbered paragraphs 1, 2, and 3 of the Stipulation are approved.
IT IS SO ORDERED.