Moreno v. Castlerock Farming and Transport, Inc.

[7] 8 UNITED STATES DISTRICT COURT [9] EASTERN DISTRICT OF CALIFORNIA [10] 11 MARIA G. MORENO, et al. Case No. 1:12-cv-00556-JLT-CDB 12 Plaintiffs, ORDER DENYING EX PARTE APPLICATION FOR EXTENSION OF TIME 13 v. (Doc. 149) 14 CASTLEROCK FARMING AND TRANSPORT, INC. et al. One-day Deadline [15] Defendants. [17] 18 Background 19 On April 10, 2012, Plaintiffs Maria G. Moreno, Esther L. Lopez, Francisco Orozco, Abraham 20 Ortiz, Javier Garcia (“Mr. Garcia”), Florencia Gutierrez (“Ms. Gutierrez”), and Israel Lopez initiated 21 this action with the filing of a complaint against Defendants Castlerock Farming and Transport, Inc. 22 (“Castlerock”), J.L. Padilla & Sons Labor Service, Inc. (“Padilla”), and Melba Nunez Contracting. 23 (Doc. 1). On July 14, 2014, Plaintiffs filed a first amended complaint and added Defendant Albert L. 24 Good (“Good”) to this action. (Doc. 45). In 2014, Defendants filed motions to dismiss Plaintiffs first 25 amended complaints. (Docs. 54, 63). 26 On April 5, 2021, Ms. Gutierrez passed away. (Docs. 105; 120-3 at ¶ 3). On March 28, 2022, 27 the Court granted in part and denied in part Defendants’ motions to dismiss. (Doc. 80). Thereafter, 28 Defendants filed answers to Plaintiff’s first amended complaint. (Docs. 83, 87 91). On April 12, 1 2022, in light of “the current status of [the] case,” the Court set a scheduling conference and ordered 2 the parties to provide a joint scheduling report. (Doc. 84). On May 5, 2022, the parties filed a joint 3 scheduling report. (Doc. 90). The scheduling report was filed on behalf of all named parties despite 4 Ms. Gutierrez having passed away on April 5, 2021. Id. at 1. The scheduling report indicated Plaintiff 5 did “not currently contemplate adding additional parties” and did “not anticipate any further 6 amendments of their pleadings.” Id. at 9. Further, Castlerock indicated it “would want to depose the 7 plaintiffs, to ascertain their individual claims and evidence concerning the alleged joint employment.” 8 Id. at 10. 9 At the scheduling conference conducted on May 5, 2022, the parties agreed to delay scheduling 10 of the case in the interest of undertaking certain identified discovery, including discovery related to 11 Defendants’ anticipated joint employer motion for summary judgment. (Docs. 92, 93). 12 On July 7, 2022, the Court convened for a status conference to address class certification 13 discovery and briefing schedules for the following motions: (1) Plaintiffs’ class certification motion; 14 (2) Castlerock’s joint employer summary judgment motion; and (3) Good’s safe harbor summary 15 judgment motion. (Doc. 98). The Court set deadlines for Castlerock and Good’s summary judgment 16 motions and noted “Defendants anticipate completing depositions of the named plaintiffs in advance 17 of filing any summary judgment motion. Plaintiffs will be permitted to conduct necessary depositions 18 prior to filing any opposition to the motions for summary judgment.” Id. 19 On December 14, 2022, the parties filed a stipulated request for order regarding the summary 20 judgment briefing schedule. (Doc. 102). The parties requested an extension of Castlerock’s joint 21 employer summary judgment motion deadlines to facilitate completion of Plaintiffs’ depositions. Id. 22 On December 16, 2022, the Court granted the parties’ stipulation for an extension of Castlerock’s joint 23 employer summary judgment motion briefing schedule. (Doc. 103). 24 In February 2023, Plaintiffs’ counsel informed Defendants’ counsel that Ms. Gutierrez had 25 passed away. (Doc. 151-1 at ¶ 3). Plaintiffs’ counsel had only learned of Ms. Gutierrez’s April 5, 26 2021, death in January 2023. (Docs. 114 at 3; 151-1 at ¶ 3). On March 2, 2023, Defendants filed a 27 statement noting death of Ms. Gutierrez. (Doc. 105). Separately, in May 2023, the parties reported to 28 the Court that Mr. Garcia had worked entirely outside the limitations period of this action. (Docs. 112 1 at 2; 114 at 2). Thereafter, Plaintiffs filed a stipulation of voluntary dismissal with prejudice as to Mr. 2 Garcia. (Doc. 118). 3 On May 18, 2023, the Court ordered “Counsel for Plaintiffs shall make any Plaintiff properly 4 substituted for deceased Plaintiff Florencia Gutierrez (see Doc. 105 & Fed. R. Civ. P. 25(a)) available 5 for noticed deposition no later than July 14, 2023.” (Doc. 116). On June 21, 2023, Defendants filed a 6 motion to dismiss Ms. Gutierrez pursuant to Federal Rule of Civil Procedure 25(a). (Doc. 120). On 7 July 5, 2023, Plaintiffs filed an unopposed motion for a 14-day extension of time to respond to 8 Defendants’ motion to dismiss Ms. Gutierrez. (Doc. 125). That same day, the Court granted 9 Plaintiffs’ request. (Doc. 126). On July 18, 2023, the parties filed a joint request for a status 10 conference. (Doc. 129). In their filing, Plaintiffs noted they conducted a search for an additional 11 named plaintiff from the proposed putative Padilla class action but required additional time. Id. at 2. 12 Plaintiffs noted they had been unable to contact anyone from Ms. Gutierrez’s estate. Id. In light of 13 Plaintiffs’ failure to meet the Court’s deadline to produce a substituted Plaintiff for deposition, 14 Defendants proposed “to pivot to summary judgment of a different legal issue that would [] advance 15 the case” relating to this Court’s decision in Fowler Packing Co., Inc. v. Lanier, 647 F. Supp. 3d 851 16 (E.D. Cal. 2023). Id. at 3-4. 17 On July 19, 2023, the Court ordered that “Plaintiffs [shall] move to substitute plaintiff for 18 Florencia Guiterrez and produce that person for deposition no later than September 1, 2023” and “[i]f 19 the parties cannot agree on the implication of Fowler Packing on this litigation, the defense [shall] file 20 its motion for summary judgment no later than September 28, 2023.” (Doc. 130). Plaintiffs made no 21 filing before that deadline to request an extension or seek any related relief. See generally (Doc.). On 22 September 28, 2023, Defendants filed a motion for summary judgment in compliance with the Court’s 23 order. (Doc. 131). 24 On February 9, 2024, the Honorable District Judge Jennifer L. Thurston issued an order 25 granting Defendants’ motion to dismiss Ms. Gutierrez. (Doc. 139). On April 16, 2024, Defendants 26 filed a motion for summary adjudication on Padilla’s joint employment claims. (Doc. 140). 27 Defendants argue no remaining named plaintiffs could maintain a claim against Padilla or a joint 28 employment claim against Padilla and Castlerock Defendants. Id. at 4. 1 On April 25, 2024, Plaintiffs filed a stipulated motion for administrative relief in the form of an 2 extension of Plaintiff’s deadline to file an opposition to Defendants’ motion for summary adjudication. 3 (Doc. 142). The stipulated motion reported, “[t]he parties are currently discussing potential settlement 4 of all claims—including those at issue in Defendants’ motion.” Id. at 1. The parties represented that 5 the requested extension was solely for the purpose of facilitating settlement discussions – not for any 6 other purpose, including to facilitate Plaintiffs’ search for candidates to substitute into the action or for 7 Plaintiffs’ preparation of a motion to amend the complaint. On April 29, 2024, the Court granted the 8 request and ordered Plaintiffs to file an opposition or statement of non-opposition to the motion for 9 summary adjudication be filed by June 11, 2024. (Doc. 143). 10 Instead of filing an opposition, on the day before it was due (June 10, 2024), Plaintiffs filed a 11 motion for leave to file a second amended complaint and the instant ex parte application for an 12 extension of time to respond to Defendants’ motion for summary adjudication. (Docs. 148-49). 13 Plaintiffs’ counsel represents that proposed plaintiffs that fall within the proposed putative class 14 contacted the Mallison & Martinez law firm after Defendants filed their motion for summary 15 adjudication. (Doc. 148-1 at ¶¶ 3-4). Plaintiffs’ counsel contends “[w]hen the settlement discussions 16 stalled, Plaintiffs’ counsel sought to amend their complaint to add the Proposed Plaintiffs once it was 17 determined that the Proposed Plaintiffs could step in as class representatives for the Padilla joint 18 employment class.” Id. at ¶ 4. 19 Plaintiffs assert their ex parte “request is necessarily made on an ex parte basis because the 20 opposition to Defendants’ motion for summary adjudication is currently due by June 11, 2024.” (Doc. 21 149 at 3). Plaintiffs claim they “attempted in good faith [to] reach an agreement with Defendants on a 22 stipulated motion for the extension.” Id. Plaintiffs allege “Defendants refused because they claimed it 23 was too late to ‘adequately analyze the necessary issues’ despite the straightforward nature of the 24 amendment and its direct impact on the pending motion.” Id. Further, Plaintiffs contend granting the 25 ex parte application will save the Court and the parties time and resources because if the Court grants 26 Plaintiffs’ motion for leave to file a second amended complaint, Defendants’ motion for summary 27 adjudication will become moot. Id. at 3-4. [28] 1 On June 11, 2024, Defendants filed a notice of their intent to file an opposition to Plaintiffs’ ex 2 parte application. (Doc. 150). Later that day, Defendants filed their opposition. (Doc. 151). 3 Defendants argue “this case has seen consistent delay and, frankly abusive tactics by Plaintiffs and 4 their counsel.” Id. at 5. Defendants’ counsel, referring to the Court’s deadlines imposed for Plaintiffs 5 to present proposed substitutionary Plaintiffs for deposition, argues Plaintiffs did not take action to 6 advance the case. (Doc. 151-1 at ¶¶ 4-6). Defendants’ counsel contends Defendants agreed to extend 7 Plaintiffs’ opposition deadline for the summary judgment motion “ostensibly so that the parties could 8 discuss settlement.” Id. at ¶ 7. Defendants’ counsel claims there was “no meaningful settlement 9 discussion … Plaintiffs never made a settlement offer … refused to participate in mediation… [and] 10 cut off the discussions by email on May 28, 2024.” Id. at ¶ 8. 11 Further, Defendants’ counsel attests Plaintiffs’ counsel contacted him the afternoon of June 7, 12 2024 (two business days prior to the deadline to oppose the pending summary judgment motion). Id. 13 at ¶ 10. Defendants’ counsel represents there was not adequate time to analyze Plaintiffs’ claim that 14 their motion to amend would moot the summary adjudication motion given that the request had been 15 “made at 2:50 p.m. on a Friday ahead of a filing deadline the next Tuesday.” Id. 16 Discussion 17 As a threshold matter, the Undersigned notes Plaintiffs’ request for ex parte relief is 18 procedurally improper as it is not in compliance with the Local Rule or with the assigned district 19 judge’s standing order entered June 29, 2023, for ex parte application. (Doc. 122 at 3). Moreover, in 20 light of the procedural history and the parties’ pleadings and representations, the Undersigned finds 21 Plaintiffs’ ex parte application is unwarranted and an abuse of the remedy. See Mission Power Eng’g 22 Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995) (ex parte motions “are rarely 23 justified”); Beard v. Cnty. Of Stanislaus, No. 1:21-cv-00841-ADA-SAB, 2022 WL 12073987 , at *3-5 24 (E.D. Cal. Oct. 20, 2022) (discussing the purpose of ex parte motions, when they are justified when 25 they are not, and how to properly file one). 26 Here, Plaintiffs insist ex parte relief is necessary because Defendants unreasonable refusal to 27 stipulate to an extension. (Doc. 149 at 3). However, the pleadings reflect Plaintiffs did not seek an 28 extension of their deadline to oppose Defendants’ pending motions when settlement discussions 1 ended, but rather, notified Defendants of their motion to amend on a Friday afternoon, two days before 2 the filing deadline. In the light of this timing, Defendants’ assertion they had not been provided 3 enough time to “adequately analyze the necessary issues” appears perfectly reasonable. (Doc. 149 at 4 3). 5 Even crediting Plaintiffs’ assertion that the proposed amendment[s] are “straightforward” (id.), 6 Plaintiffs unreasonably delayed until the eleventh hour to seek an extension. “Ex parte applications 7 are a form of emergency relief that will only be granted upon an adequate showing of good cause or 8 irreparable injury to the party seeking relief.” Gomez v. J. Jacobo Farm Labor Contractor, Inc., No. 9 1:15–cv–01489–AWI–MJS, 2018 WL 1243437 , at *2 (E.D. Cal. Mar. 9, 2018) (quotation and citation 10 omitted). “An ex parte application seeks to bypass the regular noticed motion procedure; 11 consequently, the party requesting ex parte relief must establish a basis for giving the application 12 preference.” Id. Here, Plaintiffs fail to demonstrate either irreparable injury or a reasonable basis for 13 demanding that the Court except their application from the normal motion scheduling rules – indeed, 14 Plaintiffs’ proffer reflects they largely are responsible for the circumstances prompting them to seek 15 emergency relief. See Erichsen v. Cnty. of Orange, 677 Fed. App’x 379, 380 (9th Cir. 2017) 16 (affirming determination that moving parties failed to meet the “threshold requirement” for ex parte 17 relief because they did not establish they were without fault in creating the crisis that required such 18 relief). 19 Likewise, Plaintiffs’ request does not demonstrate good cause. “The district court is given 20 broad discretion in supervising the pretrial phase of litigation.” Johnson v. Mammoth Recreations, 21 Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal quotation marks omitted). Rule 16(b) 22 provides that “[a] schedule may be modified only for good cause and with the judge's consent.” Fed. 23 R. Civ. P. 16(b)(4). “The schedule may be modified if it cannot reasonably be met despite the 24 diligence of the party seeking the extension.’” Zivkovic v. Southern California Edison Co., 302 F.3d 25 1080, 1087 (9th Cir. 2002) (quoting Johnson, 975 F.2d at 607 ). Again, Plaintiffs had the opportunity 26 to seek an extension well before the deadline. See (Doc. 148-1 at ¶ 4). 27 Plaintiffs represent that granting the ex parte application will save the Court and the parties 28 time and resources and that “[i]f the Court grants Plaintiffs’ motion for leave to file a second amended 1 |} complaint, Defendants’ motion for summary adjudication will become moot.” (Doc. 149 at 3). That 2 || may be true — but the Court presently does not have sufficient information before it to assess the 3 || likelihood of that proposition and, in all events, conservation of party and court resources is just one « 4 || many equities the Court must consider in adjudicating Plaintiffs’ request for ex parte relief. Among 5 || other things, a scheduling order is “not a frivolous piece of paper, idly entered, which can be cavalier 6 || disregarded by counsel without peril.” Johnson, 975 F.2d at 610 . Accord, Wong v. Regents of Univ. ¢ 7 || Cal., 410 F.3d 1052, 1060 (9th Cir. 2005) (“Parties must understand that they will pay a price for 8 || failure to comply strictly with scheduling and other orders”’). 9 Accordingly, IT IS HEREBY ORDERED: 10 1. Plaintiff's ex parte application for extension of time (Doc. 149) is DENIED; and 11 2. In the interest of justice, the Court extends nunc pro tunc the deadline by which Plaintiffs’ 12 shall file an opposition or statement of non-opposition to Defendants’ motion for summary 13 judgment (Doc. 140) from June 11, 2024, to June 14, 2024. See (Doc. 143). 14 |) TT IS SO ORDERED. 1 □□ Dated: _ June 13, 2024 16 UNITED STATES MAGISTRATE JUDGE