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Martínez v. Silveira

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 15, 2010

ANTONIO MARTÍNEZ, AND FELIPE NUÑEZ TORRES, PLAINTIFFS,
v.
JOSE GILBERTO SILVEIRA, AN INDIVIDUAL; AND DOES ONE THROUGH TWENTY INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

JOINT STIPULATION AND ORDER TO EXTEND DEADLINES OF THE PRELIMINARY SCHEDULING AND DISCOVERY ORDER

Plaintiffs ANTONIO MARTÍNEZ and FELIPE NUÑEZ TORRES and Defendant JOSE GILBERTO SILVEIRA, through their counsel of record jointly request to this Court for an order extending the deadlines set forth in the Preliminary Scheduling and Discovery Order pursuant to Federal Rules of Civil Procedure § 16(b)(4).

On June 15, 2010, the parties appeared through their counsel before the Court for the scheduled preliminary conference. The Court set dates for class certification including:

1. A July 16, 2010 discovery cutoff for class certification;

2. A July 30, 2010 deadline to file and serve moving papers on class certification;

3. An August 13, 2010 deadline to file and serve opposition papers on class certification;

4. An August 27, 2010 deadline to file and serve reply papers on class certification; and 5. A hearing on September 10, 2010 at 9:30 a.m. in Department 10 (GSA) on the motion on class certification.

Plaintiffs have requested discovery to Defendant pertaining to class certification. Given the current set discovery cutoff, Plaintiffs would not be able to review and compel documents, if necessary, that are not produced. Both parties agree that additional time is required to exchange and respond to discovery. Additionally, both parties agree that an extension of all deadlines enumerated above would not prejudice either party and would permit both parties an opportunity to fully complete discovery for class certification and file meaningful motions and responses regarding class certification.

THE PARTIES STIPULATE AND SEEK AN ORDER THAT:

Pursuant to Federal Rules of Civil Procedure § 16(b)(4), with good cause shown and with the judge's consent, all parties to this action jointly request that the Court permit the parties to extend the deadlines for class certification as follows:

1. An August 13, 2010 discovery cutoff for class certification;

2. An August 27, 2010 deadline to file and serve moving papers on class certification;

3. A September 10, 2010 deadline to file and serve opposition papers on class certification;

4. A September 24, 2010 deadline to file and serve reply papers on class certification; and

5. A hearing on October 8, 2010 at 9:30 a.m. in Department 10 (GSA) on the motion on class certification.

IT IS SO STIPULATED.

DATED: July 15, 2010 CALIFORNIA RURAL LEGAL ASSISTANCE INC. Esmeralda Zendejas Attorney for Plaintiff Felipe Nuñez Torres

DATED: July 15, 2010 CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION Erin Hernandez (signature authorized) Attorney for all Plaintiffs

DATED: July 15, 2010 THE SAQUI LAW GROUP Counselors to Management Andrew H. Lee (signature authorized) Michael C. Saqui Attorneys for Silveira Dairy

ORDER

Through good cause shown pursuant to Federal Rules of Civil Procedure § 16(b)(4), and with this Court's consent, the parties joint stipulation and order to extend deadlines of the Preliminary Scheduling and Discovery order is granted.

IT IS SO ORDERED.

20100715

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