Nelson v. Foster Poultry Farms

1:21-cv-00222-JLT-BAM | E.D. Cal. | Dec 9, 2022

Case 1:21-cv-00222-JLT-BAM Document 28 Filed 12/09/22 Page 1 of 6

SEYFARTH SHAW LLP Jon D. Meer (SBN 144389) jmeer@seyfarth.com Michael Afar (SBN 298990) mafar@seyfarth.com 2029 Century Park East, Suite 3500 Los Angeles, California 90067-3021 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 SEYFARTH SHAW LLP Peter Choi (SBN 306763) pchoi@seyfarth.com 601 S. Figueroa Street, #3300 Los Angeles, California 90017 Telephone: (213) 270-9600 Facsimile: (213) 270-9601 Attorneys for Defendants FOSTER POULTRY FARMS; FOSTER FARMS, LLC; JULIAN MORENO; and ANNA REYNOSO [ Other counsel listed on next page ]

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MICHAEL NELSON, Case No. 1:21-CV-00222-JLT-BAM Plaintiff, JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING v. CONFERENCE FOSTER POULTRY FARMS, FOSTER FARMS, [Removed from Merced County Superior LLC, JULIAN MORENO, ANNA REYNOSO, Court, Case No. 20CV-03785] and DOES 1 to 100, inclusive,

Action Removed: February 19, 2021 Defendants. Complaint Filed: December 29, 2020 Trial Date: TBD JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE Case 1:21-cv-00222-JLT-BAM Document 28 Filed 12/09/22 Page 2 of 6

Carney R. Shegerian, Esq. State Bar No. 150461 CShegerian@Shegerianlaw.com Anthony Nguyen, Esq., State Bar No. 259154 ANguyen@Shegerianlaw.com Mahru Madjidi, Esq., State Bar No. 297906 MMadjidi@Shegerianlaw.com Daniel B. Henderson, Esq., State Bar No. 321961 DHenderson@Shegerianlaw.com SHEGERIAN & ASSOCIATES, INC. 145 S. Spring Street, Suite 400 Los Angeles, California 90012 Telephone Number: (310) 860-0770 Facsimile Number: (310) 860-0771
i

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

Case 1:21-cv-00222-JLT-BAM Document 28 Filed 12/09/22 Page 3 of 6 Plaintiff Michael Nelson (“Plaintiff”) and Defendants Foster Poultry Farms, Foster Farms, LLC,

Julian Moreno, and Anna Reynoso (“Defendants”) (collectively, the “Parties”), by and through their respective counsel of record, stipulate and agree as follows:

JOINT STIPULATION

WHEREAS, on December 29, 2020, Plaintiff filed a Complaint against Defendants in Superior Court of the State of California for the County of Merced titled Michael Nelson v. Foster Poultry Farms, et al. , Case No. 20CV-03785, alleging eleven causes of action;

WHEREAS, on February 19, 2021, Defendant filed their Answer to Plaintiff’s Complaint in Superior Court of the State of California for the County of Merced; WHEREAS, on February 19, 2021, Defendants then filed their Notice of Removal of Civil Action to the United States District Court for the Eastern District of California (Dkt. Nos. 1-2); WHEREAS, on February 23, 2021, Defendants filed their Notice to the Clerk of the Superior Court and to Plaintiff of Removal of Civil Action to the United States District Court for the Eastern District of California;
WHEREAS, on March 5, 2021, Defendant filed their Notice of Compliance with 28 U.S.C. § 1446 (Dkt. No. 7); WHEREAS, on March 22, 2021, Plaintiff filed a Notice of Motion and Motion for an Order to Remand the Case to State Court (Dkt. No. 8), which was fully brief by the Parties, including Defendants’ Opposition (Dkt. No. 11) and Plaintiff’s Reply (Dkt. No. 12);
WHEREAS, on March 1, 2022, the Court continued the Initial Scheduling Conference to June 15, 2022 at 9:00 AM in Courtroom 8 before Magistrate Judge Barbara A. McAuliffe (Dkt. No. 20); WHEREAS, on March 31, 2022, United States Magistrate Judge McAuliffe issued the Findings and Recommendations Regarding Plaintiff’s Motion to Remand and recommended that Plaintiff’s Motion to Remand be denied (Dkt. No. 21);
WHEREAS, on April 18, 2022, United States District Judge Jennifer L. Thurston adopted Magistrate Judge McAuliffe’s Findings and Recommendations in full and denied Plaintiff’s Motion to Remand (Dkt. No. 22);
1

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

Case 1:21-cv-00222-JLT-BAM Document 28 Filed 12/09/22 Page 4 of 6 WHEREAS, on June 8, 2022, the Court entered an order granting the Parties’ joint stipulation to

continue the scheduling conference from June 15, 2022, to December 15, 2022, at 9:00 a.m. before Magistrate Judge McAuliffe (Dkt. No. 24);
WHEREAS, on December 1, 2022, the Court continued the Scheduling Conference from December 15, 2022, to December 21, 2022, at 9:00 a.m. before Magistrate Judge McAuliffe (Dkt No. 25);
WHEREAS, the Parties have stipulated to dismiss with prejudice Plaintiff’s seventh cause of action for breach of oral contract not to terminate employment without good cause and eighth cause of action for breach of implied in fact contract not to terminate employment without good cause;
WHEREAS, Plaintiff intends to file the Parties’ stipulation to dismiss Plaintiff’s seventh and eighth causes of action with prejudice, and subsequently intends to move to remand the case back to state court by way of a Renewed Motion to Remand or Motion for Reconsideration;
WHEREAS, Defendants contend that this Court’s jurisdiction is proper based on federal question jurisdiction and will oppose any Motion to Remand or Motion for Reconsideration; WHEREAS, given that Plaintiff still disputes this Court’s jurisdiction and intends to seek remand again, and in an effort to prevent undue waste of the Parties’ and Court’s resources and time, the Parties want to avoid burdening the Court with holding a scheduling conference until Plaintiff’s motion practice has been exhausted; and
WHEREAS, the Parties hereby agree and request that the Court further continue the Scheduling Conference six months, or as soon thereafter as the Court deems appropriate to give the Parties and the Court enough time to address the jurisdictional issue as it pertains to Plaintiff’s attempt to remand the case back to state court.
The Parties hereby STIPULATE as follows: 1. That the Initial Scheduling Conference currently set for December 21, 2022 be continued
six months or as soon thereafter as the Court deems appropriate.

IT IS SO STIPULATED.

2

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

Case 1:21-cv-00222-JLT-BAM Document 28 Filed 12/09/22 Page 5 of 6

DATED: December 8, 2022 SEYFARTH SHAW LLP By: Jon D. Meer Michael Afar Peter J. Choi
Attorneys for Defendants

FOSTER POULTRY FARMS, FOSTER

FARMS, LLC, JULIAN MORENO, and ANNA

REYNOSO

DATED: December 8, 2022 SHEGERIAN & ASSOCIATES, INC. By: /s/ Daniel B. Henderson Carney Shegerian Anthony Nguyen Daniel B. Henderson Attorneys for Plaintiff MICHAEL NELSON
3

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE

Case 1:21-cv-00222-JLT-BAM Document 28 Filed 12/09/22 Page 6 of 6

ORDER

The parties having so stipulated and good cause appearing, the Court hereby ORDERS: The Initial Scheduling Conference, currently set for December 21, 2022, is continued to June 21,

2023 at 8:30 a.m . in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference.

IT IS SO ORDERED.

/s/ Barbara A. McAuliffe _ Dated: December 9, 2022

UNITED STATES MAGISTRATE JUDGE

1

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE