Case: Mandoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

Mendoza v. Zirkle Fruit

CLASS ACTION COMPLAINT FOR VIOLATION OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT AND PENDENT STATE LAW CLAIM Fee-status: pd Receipt #: 44046 (RF) (Entered: 03/28/2000)

Summons issued as to defendant Zirkle Fruit Co, defendant Matson Fruit Company and defendant Selective Employment (RF)

ATTORNEY APPEARANCE for defendant Zirkle Fruit Co ; Atty Ryan M Edgley appearing (PP) (Entered: 03/30/2000)

ATTORNEY APPEARANCE for defendant Matson Fruit Company ; Atty Ryan M Edgley appearing (PP) (Entered: 03/30/2000)

WAIVER of SERVICE by defendant Zirkle Fruit Co, defendant Matson Fruit Company ; (PP) (Entered: 03/30/2000)

WAIVER of SERVICE by defendant Selective Employment ; (PP) (Entered: 03/31/2000)

NOTICE of Recusal & ORDER of Reassignment by Chief Judge Wm. Fremming Nielsen case reassigned from Senior Judge Alan A. McDonald to Judge Fred L. Van Sickle (cc: all counsel, Judges McDonald & Van Sickle) (SAP) (Entered: 04/04/2000)

ORDER of Recusal by Judge Alan A. McDonald and for reassignment (cc: all counsel) (FmrEmp) (Entered: 04/10/2000)

RICO Case Statement by plaintiffs (SAP) (Entered: 04/11/2000)

NOTICE of Appearance for defendant Zirkle Fruit Co; Atty Walter G Meyer Jr appearing (SAP) (Entered: 04/12/2000)

MOTION by plaintiff for attorney Howard Foster to appear pro hac vice (SAP) (Entered: 04/17/2000)

Application Pro Hac Vice for admission to practice on behalf of plaintiffs by attorney Howard W. Foster (SAP) (Entered: 04/17/2000)

Notice by plaintiff of hearing setting motion for attorney Howard Foster to appear pro hac vice [10-1] (w/o oral argument 5/15/00 ) (SAP) (Entered: 04/17/2000)

PROPOSED RECEIVED Order granting application [11-1] & motion for attorney Howard Foster to appear pro hac vice [10-1] submitted by plaintiffs (SAP) (Entered: 04/17/2000)

ORDER by Judge Fred L. Van Sickle granting motion for attorney Howard Foster to appear pro hac vice [10-1] (cc: all counsel) (SAP) (Entered: 04/20/2000)

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to dismiss (SAP) (Entered: 06/02/2000)

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to stay discovery (SAP) (Entered: 06/02/2000)

Memorandum by defendants Zirkle Fruit Co & Matson Fruit Company in support of motion to dismiss [15-1], motion to stay discovery [16-1] (SAP) (Entered: 06/02/2000)

MOTION by defendants Zirkle Fruit Co & Matson Fruit Company to exceed page limit (SAP) (Entered: 06/02/2000)

Notice by defendants Zirkle Fruit Co & Matson Fruit Company of hearing setting motion to dismiss [15-1] w/oral argument 1:00 7/12/00 Spokane, WA & setting motion to stay discovery [16-1] w/oral argument 1:00 7/12/00 Spokane, WA (SAP) (Entered: 06/02/2000)

AFFIDAVIT of mailing by defendants Zirkle Fruit Co & Matson Fruit Company of: docs #15-19 (SAP) (Entered: 06/02/2000)

MOTION by defendant Selective Employment to dismiss (SAP) (Entered: 06/06/2000)

MOTION by plaintiff to exceed page limitations (VR) (Entered: 06/14/2000)

Response by plaintiff to defendants' motion to dismiss [21-1], motion to stay discovery [16-1], motion to dismiss [15-1] (VR) (Entered: 06/14/2000)

Notice by plaintiff of hearing setting motion to exceed page limitations [22-1] (w/o oral argument 7/24/00 ) (VR) (Entered: 06/14/2000)

PROPOSED RECEIVED order re: motion to exceed page limitations [22-1] submitted by plaintiff (VR) (Entered: 06/14/2000)

RE-Notice by defendant Zirkle Fruit Co, defendant Matson Fruit Company of hearing setting motion to stay discovery [16-1] w/oral argument 10:30 7/28/00 in Yakima, WA, setting motion to dismiss [15-1] w/oral argument 10:30 7/28/00 in Yakima, WA (SAP) (Entered: 06/19/2000)

ORDER by Judge Fred L. Van Sickle granting pltfs' motion to exceed page limitations [22-1] (cc: all counsel) (SAP) (Entered: 06/21/2000)

MOTION by defendant Selective Employment to dismiss for lack of subject matter jurisdiction (LE) (Entered: 06/29/2000)

Memorandum by defendant Selective Employment in support of motion to dismiss for lack of subject matter jurisdiction [28-1] (LE) (Entered: 06/29/2000)

Notice by defendant Selective Employment of hearing setting motion to dismiss for lack of subject matter jurisdiction [28-1]; oral argument 10:30 7/28/00 Yakima, WA (LE) (Entered: 06/29/2000)

Response by plaintiffs to motion to dismiss for lack of subject matter jurisdiction [28-1], [21-1] (SAP) (Entered: 07/12/2000)

ORDER rescheduling oral arg on motions to dismiss by Judge Fred L. Van Sickle setting motion to dismiss [15-1] with oral arg 10:00 7/27/00 Yakima, WA, setting motion to dismiss for lack of subject matter jurisdiction [28-1] with oral arg 10:00 7/27/00 Yakima, WA (cc: all counsel) (SAP) (Entered: 07/12/2000)

Reply Memorandum by defendant Selective Employment to Pltfs' Response Memorandum in Opposition to dft Selective's motion to dismiss for lack of subject matter jurisdiction [28-1] (LE) (Entered: 07/19/2000)

Renoted Hearing Notice by plaintiffs of hearing setting motion to stay discovery [16-1] w/oral argument 1:00 8/31/00 Yakima, WA, setting motion to dismiss [15-1] w/oral argument 1:00 8/31/00 Yakima, WA (SAP) (Entered: 07/27/2000)

MOTION & Affidavit by defendants Zirkle Fruit Co & Matson Fruit Company to file post-deadline brief (SAP) (Entered: 08/17/2000)

Reply Memorandum by defendants Zirkle Fruit Co & Matson Fruit Company to Memorandum in Opposition to motion to dismiss [15-1] (SAP) (Entered: 08/17/2000)

AFFIDAVIT of mailing by defendants Zirkle Fruit Co & Matson Fruit Company of: #35 & 36 (SAP) (Entered: 08/17/2000)

MOTION & Affidavit by defendants Matson Fruit Company & Zirkle Fruit Co to expedite hrg re motion to file post-deadline brief (SAP) (Entered: 08/22/2000)

Notice by defendants Matson Fruit Company & Zirkle Fruit Co of hearing setting motion to expedite hrg [38-1] (w/o oral argument 8/31/00 ) (SAP) (Entered: 08/22/2000)

PROPOSED RECEIVED Order re: motion to expedite hrg [38-1] submitted by defendants Matson Fruit Company & Zirkle Fruit Co (SAP) (Entered: 08/22/2000)

Status Conference Notice ;telephonic status conf 8:30 9/15/00 Spokane, WA (PW)

Report by plaintiffs of the parties' planning meeting pur FRCP 26 (SAP) (Entered: 08/23/2000)

MINUTES: In-court hrg held re motion to dismiss before Chief Judge Fred L. Van Sickle Hrg Location: Yakima; Sue Haney court reporter (SAP) (Entered: 09/05/2000)

Supplemental Memorandum by plaintiffs in response to new issues raised in defts' motion reply [36-1] & at oral agr (SAP) (Entered: 09/11/2000)

Response by defendant Zirkle Fruit Co, defendant Matson Fruit Company to supplemental memorandum [43-1] (SAP) (Entered: 09/15/2000)

Notice of Substitution of counsel: Ryan Edgley replacing Halverson & Applegate w/co-counsel Walter Meyer at atty for Zirkle Fruit Co (SAP) (Entered: 09/27/2000)

ORDER granting defts' motion to dismiss & remanding cause to state court by Chief Judge Fred L. Van Sickle granting motion to dismiss [15-1]; complaint is dismissed w/out lv to amend; all remaining state law claims are remanded to state court terminating case COB-175-97 (cc: all counsel) (SAP) (Entered: 09/28/2000)

ATTORNEY APPEARANCE for defendant Matson Fruit Company ; Atty Terrence Colin Schmalz appearing (FmrEmp) (Entered: 09/29/2000)

NOTICE OF ASSOCIATION for defendant Matson Fruit Company ; Atty appearing Ryan M. Edgley (VR) (Entered: 10/02/2000)

Affidavit of mailing by Matson Fruit Company re: attorney [48-1] (VR) (Entered: 10/02/2000)

MOTION by plaintiff for reconsideration (LE) (Entered: 10/12/2000)

Notice by plaintiff of hearing setting motion for reconsideration [50-1] (w/o oral argument 11/13/00 ) (LE) (Entered: 10/12/2000)

[Proposed] FIRST AMENDED CLASS ACTION COMPLAINT FOR VIOLATION OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT AND PENDENT STATE LAW CLAIM re:complaint [1-1] (LE) (Entered: 10/12/2000)

Response by dfts Zirkle Fruit Co, Matson Fruit Company to motion for reconsideration [50-1] (LE) (Entered: 10/24/2000)

Proof of service by Zirkle Fruit Co, Matson Fruit Company of: #53 (LE) (Entered: 10/24/2000)

Reply by plaintiffs re motion for reconsideration [50-1] (SAP) (Entered: 10/30/2000)

ORDER by Chief Judge Fred L. Van Sickle denying motion for reconsideration [50-1] (cc: all counsel) (SAP) (Entered: 02/14/2001)

Notice of appeal by plaintiff from Dist. Court decision Order Denying Reconsideration and Order Remanding to State Court[56-1], (cc: all counsel and 9CCA) (KH) (Entered: 03/15/2001)

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (KH) (Entered: 03/15/2001)

TRANSCRIPT DESIGNATION AND ORDER. Date appl filed: 3/15/01 CR: Susan Haney (Plaintiff's/Appellants do not intend to disignate any portion of the transcript) cc:9CCA (KH) (Entered: 03/27/2001)

Notice Concerning Transcript of Proceedings (KH) (Entered: 03/27/2001)

REPORTER'S TRANSCRIPT FILED. CR : Susan E. Haney Judge Fred L. Van Sickle City : Yakima For date of 8/31/00 Type of Proceeding: Motion to Dismiss (VR) (Entered: 06/29/2001)

Copy 9CCA certificate of record - Original forwarded to 9CCA (KH) (Entered: 12/07/2001)

Clerk's record on appeal forwarded to 9CCA. 9CCA: 01-35276 Files 1 and 2 and Volume 80 (RF)

Mandate from 9CCA. 9CCA: 01-35276 reversing and remanding the Decision of the District Court [Appeal [57-1] (cc: all counsel) (RF) (Entered: 10/31/2002)

ORDER SETTING STATUS CONFERENCE by Chief Judge Fred L. Van Sickle Telephonic status conference set 9:00 12/6/02 Spokane, WA with Plaintiff to initiate the call; The parties shall file a joint status report on or before 12/2/02 (cc: all counsel) (RF) (Entered: 11/01/2002)

Notice of Association by defendant Matson Fruit Company for attorney Terry C Schmalz with Ryan Edgley (RF) (Entered: 11/14/2002)

Defendant Zirkle Fruit Co's Answer to Plaintiff's Complaint (RF) (Entered: 11/29/2002)

ANSWER of defendant Matson Fruit Company (RF) (Entered: 12/02/2002)

Joint Status Certificate and Discovery Plan filed by defendants (RF) (Entered: 12/04/2002)

ANSWER by defendant Selective Employment (RF) (Entered: 12/05/2002)

MINUTES: Hearing Location: Spokane, WA CR/ER: No before Chief Judge Fred L. Van Sickle STATUS/SCHED CONFERENCE HELD 12/6/02, termed conf ddl order forthcoming (LE) (Entered: 12/06/2002)

Certificate of Service by defendant Matson Fruit Company of: Answer of Defendant (RF) (Entered: 12/10/2002)

Scheduling Conference Order by Chief Judge Fred Van Sickle Telephonic status conference held; Telephonic conference re: settlement status report set 8:30 4/23/03; The Court will initiate the call; Disp mtn ddl: 1/9/04; discovery to be complete 12/31/03; pretrial conference 8:30 4/6/04 Yakima, WA; Exhibit & Witness Lists ddl: 2/6/04; Trial briefs, proposed findings of fact and conclusions of law ddl: 4/12/04; trial 9:00 4/26/04 Yakima, WA Counsel shal meet in Chambers at 8:30 (cc:all counsel) (RF) (Entered: 12/10/2002)

Plaintiffs' Jury Demand by plaintiff Olivia Mendoza and plaintiff Juana Mendiola (RF) (Entered: 12/12/2002)

Plaintiffs' MOTION by plaintiffs Olivia Mendoza and Juana Mendiola for leave to file first amended complaint (RF) (Entered: 12/12/2002)

Notice of Hearing by plaintiffs Olivia Mendoza and Juana Mendiola setting motion for leave to file first amended complaint [74-1] (w/o oral argument 1/14/03 ) (RF) (Entered: 12/12/2002)

PROPOSED RECEIVED Order Granting Motion for Leave to File Amended Complaint re: motion for leave to file first amended complaint [74-1] submitted by plaintiffs (RF) (Entered: 12/12/2002)

Appeal record returned from 9CCA. 9CCA: 01-35276 Files 1 & 2 and Expando 80 (RF)

MOTION by plaintiffs Olivia Mendoza and Juana Mendiola for the court to take supplemental jurisdiction over Selective Employment Agency, Inc (RF) (Entered: 01/07/2003)

Memorandum by plaintiffs Olivia Mendoza and Juana Mendiola in support of motion for the court to take supplemental jurisdiction over Selective Employment Agency, Inc [77-1] (RF) (Entered: 01/07/2003)

Notice of Hearing by plaintiff Olivia Mendoza, plaintiff Juana Mendiola setting motion for the court to take supplemental jurisdiction over Selective Employment Agency, Inc [77-1] (w/o oral argument 2/7/03 ) (RF) (Entered: 01/07/2003)

PROPOSED RECEIVED Order Granting Motion for the court to take supplemental jurisdiction over Selective Employment Agency, Inc [77-1] submitted by plaintiff Olivia Mendoza, plaintiff Juana Mendiola (RF) (Entered: 01/07/2003)

PROPOSED RECEIVED Stipulation and Order to Extend the Date for Defendant to serve its responses to Plaintiffs' First Interrogatories submitted by defendant Zirkle Fruit Co (RF) (Entered: 01/14/2003)

Stipulation and ORDER to Extend the Date for the Defendant Zirkle Fruit Co to serve its Responses to Plaintiff's First Interrogatories and Request for Production of Documents to Defendant Zirkle Fruit Co by Chief Judge Fred Van Sickle : Zirkle Fruit Co. responses ddl: shall be extended from 1/15/03 to 1/27/03 (cc: all counsel) (RF) (Entered: 01/15/2003)

Notice of Hearing by defendant Selective Employment setting Plaintiff's motion for the court to take supplemental jurisdiction over Selective Employment Agency, Inc [77-1] with live oral argument 2:30 3/19/03 Yakima, WA (RF) (Entered: 01/23/2003)

Memorandum by defendant Selective Employment in opposition to Plaintiff's motion for the court to take supplemental jurisdiction [77-1] (RF) (Entered: 01/23/2003)

ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT by Magistrate Judge Cynthia Imbrogno granting motion for leave to file first amended complaint [74-1] (cc: all counsel) (RF) (Entered: 01/27/2003)

Reply Memorandum by plaintiffs in support of Plaintiffs' motion for the court to take supplemental jurisdiction over Selective Employment Agency, Inc [77-1] (RF) (Entered: 01/28/2003)

Notice of Filing by plaintiff Olivia Mendoza, plaintiff Juana Mendiola (RF) (Entered: 02/03/2003)

FIRST AMENDED COMPLAINT CLASS ACTION COMPLAINT FOR VIOLATION OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATION ACT AND PENDENT STATE LAW CLAIM (RF) (Entered: 02/03/2003)

AMENDED ANSWER to Plaintiff's First Amended Complaint by defendant Zirkle Fruit Co (RF) (Entered: 02/19/2003)

MOTION by plaintiffs Olivia Mendoza and Juana Mendiola to compel Production of I-9 Forms and for attorney fees (RF) (Entered: 02/27/2003)

Memorandum by plaintiffs Olivia Mendoza and Juana Mendiola in support of motion to compel Production of I-9 Forms [90-1] and motion for attorney fees [90-2] (RF) (Entered: 02/27/2003)

Notice of Hearing by plaintiffs Olivia Mendoza and Juana Mendiola setting motion to compel Production of I-9 [90-1] (w/o oral argument 3/31/03 ), setting motion for attorney fees [90-2] (w/o oral argument 3/31/03 ) (RF) (Entered: 02/27/2003)

CERTIFICATE OF COMPLIANCE by plaintiffs Olivia Mendoza and Juana Mendiola with LR 37.1 in Connection with Plaintiffs' Motion to Compel Production of I-0 Forms and for Attorneys' Fees (RF) (Entered: 02/27/2003)

PROPOSED RECEIVED Order Granting Plaintiffs' motion to compel Production of I-9 Forms [90-1] and motion for attorney fees [90-2] submitted by plaintiff Olivia Mendoza, plaintiff Juana Mendiola (RF) (Entered: 02/27/2003)

ORDER RESCHEDULING ORAL ARGUMENT by Chief Judge Fred Van Sickle setting motion for the court to take supplemental jurisdiction over Selective Employment Agency, Inc [77-1] with oral arg 3:00 3/18/03 Yakima, WA (cc: all counsel) (RF) (Entered: 03/03/2003)

PROPOSED RECEIVED Stipulated Order Modifying Scheduling Order submitted by plaintiffs Olivia Mendoza and Juana Mendiola (RF) (Entered: 03/04/2003)