Gomez v. J. Jacobo Farm Labor Contractor, Inc.

1 STAN S. MALLISON (Bar No. 184191) [email protected] HECTOR R. MARTINEZ (Bar No. 206336) [email protected] NATALIA RAMIREZ LEE (Bar No. 322017) [email protected] MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, California 94612-3547 Telephone: (510) 832-9999 Facsimile: (510) 832-1101 MARIO MARTINEZ, (Bar No. 200721) EDGAR I. AGUILASOCHO (Bar No. 285567) MARTÍNEZ, AGUILASOCHO, & LYNCH P.O. Box 1998 Bakersfield, California 93303 Telephone: (661) 859-1174 Facsimile: (661) 840-6154 Attorneys for Plaintiffs Michael J.F. Smith, #109426 John L. Migliazzo, #272066 MICHAEL J.F. SMITH, A PROFESSIONAL CORPORATION 1391 West Shaw Avenue, Suite D Fresno, California 93711 (559) 229-3900 Fax (559) 229-3903 Attorneys for Defendant, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARISOL GOMEZ and IGNACIO OSORIO, CASE NO. 1:15-cv-01489-AWI-BAM on behalf of themselves and others similarly CLASS ACTION situated, 21 STIPULATION AND PROPOSED ORDER Plaintiffs, TO CONTINUE DEADLINE TO FILE CLASS NOTICE AND DISTRIBUTION 23 vs. PLAN J. JACOBO FARM LABOR CONTRACTOR, Complaint Filed: September 30, 2015 INC., and Does 1 through 20, inclusive, 25 Before the Honorable Anthony W. Ishii Defendants.

1 The Parties have been meeting and conferring about the class notice process. The parties have agreed that the jointly submitted class notice that was originally approved by this Court, contained errors as to the class periods for the AWPA subclass and Final Paycheck Subclass (Doc.

4 140-1). In particular, the class notice stated that the AWPA subclass and Final Paycheck subclass periods were from September 30, 2011 to November 5, 2019. Instead, the Parties agree that the AWPA subclass and Fina Paycheck subclass periods are from September 30, 2012 to November 5, 2019, as both of these subclasses are subject to a 3-year statute of limitations. Accordingly, the Parties stipulate to modifying the class notice in order to correct the AWPA and Final Paycheck subclass periods.

11 DATED: January 21, 2020 MALLISON & MARTINEZ 13 By: /s/ Natalia Ramirez Lee Stan S. Mallison 14 Hector R. Martinez Natalia Ramirez 15 Attorneys for Plaintiffs DATED: January 21, 2020 MICHAEL JF SMITH APC By: /s/ John L. Migliazzo 20 John L Migliazzo Michael Smith 21 Attorneys for Defendant

1 ORDER 2 The parties’ stipulation (Doc. No. 148) is APPROVED. The Court’s second modification || order (Doc. No. 138) is MODIFIED to the extent that the correct class period for Plaintiffs’ || derivative wages upon termination and AWPA claims is “from September 30, 2012, to November 5 2019.” The parties shall modify the originally approved class notice to reflect the correct class || period for the Final Paycheck and AWPA Subclasses.

7 In addition, the parties are ordered to SHOW CAUSE in writing as to why the class period || for Plaintiffs’ rest period claim should not also be modified in light of Murphy v. Kenneth Cole || Productions, Inc., 40 Cal. 4th 1094, 1099 (2007). In Murphy, the California Supreme Court || determined that the remedy for rest period violations under California Labor Code § 226.7 is subjec || to the three-year statute of limitations under California Code of Civil Procedure § 338(a). In other || words, Murphy appears to require modification of the class definition for Plaintiffs’ rest period □□□□□ || and the Piece Rate Rest Period Subclass on the same basis that the parties are stipulating to || modifications of class definitions for other class claims and subclasses.

15 If the parties are unable to file a joint statement on the matter within seven days of service □□ || this order, then they shall simultaneously file independent briefing on the matter by that same date.

17 || In the latter situation, the parties shall also simultaneously file responses within seven days after || initial briefs are filed and replies within five days after responses are filed.

19 |r Is SO ORDERED.

20 Dated: _ January 26, 2021 : : Z 21 _-SENIOR DISTRICT JUDGE STIPULATION & ORDER TO MODIFY SUBCLASS PERIODS OO