Case: Hernandez v. Balakian

1:06-cv-01383 | U.S. District Court for the Eastern District of California

Filed Date: Oct. 5, 2006

Closed Date: May 1, 2008

Clearinghouse coding complete

Case Summary

This was a class action brought in October of 2006 in the United States District Court for the Eastern District of California on behalf of all legal hourly-paid agricultural workers who had been employed by fruit picking companies of Reedley, California owned by defendants. Plaintiff alleged that employees of Fruit Patch, Inc. engaged in a massive scheme to hire undocumented immigrants for the express purpose of depressing employee wages. In furtherance of their scheme, defendants are alleged …

This was a class action brought in October of 2006 in the United States District Court for the Eastern District of California on behalf of all legal hourly-paid agricultural workers who had been employed by fruit picking companies of Reedley, California owned by defendants. Plaintiff alleged that employees of Fruit Patch, Inc. engaged in a massive scheme to hire undocumented immigrants for the express purpose of depressing employee wages. In furtherance of their scheme, defendants are alleged to have recruited over 100 undocumented immigrants to work in their plants, provided housing for them and turned a blind eye to obviously fake work papers. Plaintiff further alleged that after defendants were notified of workers using false social security numbers, the undocumented workers would then simply assume new bogus identities and continue working. Plaintiff alleges that defendants' scheme violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and the Immigration and Nationality Act, 8 U.S.C. § 1324(a), et seq. Plaintiff was represented by private counsel.

Defendants moved to dismiss the case. On March 27, 2007, the District Court (Judge Oliver W. Wanger) granted in part and denied in part the defendants' motion to dismiss and denied the plaintiff's request for sanctions. Judge Wanger held that plaintiff's complaint sufficiently stated a claim for RICO violations by alleging predicate acts of knowingly hiring unauthorized aliens and harboring undocumented aliens. He, however, found that allegations of a conspiracy involving unnamed co-conspirators did not comply with notice pleading requirements. The Court granted plaintiff leave to file an amended complaint. Hernandez v. Balakian, 480 F. Supp. 2d 1198 (E.D. Cal. 2007).

Plaintiff filed an amended complaint and defendants answered it and asserted affirmative defenses, which plaintiff moved to strike. That motion was denied. Hernandez v. Balakian, No. CV-F-06-1383 OWW/DLB, 2007 WL 1649911 (E.D. Cal. June 1, 2007).

The parties proceeded to discovery on class issues, and, in December of 2007, the plaintiff filed his motion for class certification. Shortly thereafter, in January of 2008, the plaintiff sought leave to file an amended complaint, as he had been arrested and charged with a felony, and had been injured in an automobile accident that impaired his memory. He argued he was no longer a suitable class representative.

The Court (Judge Wanger) allowed plaintiff 30 days to amend his complaint to substitute a suitable class representative. Hernandez v. Balakian, 251 F.R.D. 488 (E.D. Cal. 2008). However, the plaintiff filed to timely amend the complaint, and the case was dismissed without prejudice.

Summary Authors

Brian Ponton (8/31/2007)

Dan Whitman (10/14/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5742772/parties/jose-hernandez-v-leo-balakian-etal/


Judge(s)

Beck, Dennis L. (California)

Attorney for Plaintiff

Foster, Howard W. (Illinois)

Galin, Matthew (Illinois)

Attorney for Defendant

Brouwer, Natalie K. (District of Columbia)

Cooper, Christine M. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:06-cv-01383

Docket (PACER)

Jan. 26, 2011

Jan. 26, 2011

Docket
1

1:06-cv-01383

Complaint

Oct. 5, 2006

Oct. 5, 2006

Complaint
41

1:06-cv-01383

Opinion

March 27, 2007

March 27, 2007

Order/Opinion

480 F.Supp.2d 1198

42

1:06-cv-01383

Amended Complaint

April 2, 2007

April 2, 2007

Complaint
57

1:06-cv-01383

Opinion

June 1, 2007

June 1, 2007

Order/Opinion

2007 WL 1649911

87

1:06-cv-01383

Memorandum Decision and Order Granting Plaintiff's Motion For Leave to Amend the Complaint and Vacate the Schedule

March 18, 2008

March 18, 2008

Order/Opinion

251 F.R.D. 488

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5742772/jose-hernandez-v-leo-balakian-etal/

Last updated April 5, 2025, 11:40 a.m.

ECF Number Date Description Link
Oct. 5, 2006

RECEIPT number 101 9529 for $350.00 for Civil Filing Fee from Daniel Kopfman. (Timken, A) (Entered: 10/05/2006)

PACER
1 Oct. 5, 2006

COMPLAINT and Civil Cover Sheet against all defendants by Jose Hernandez. Attorney Wagner, Nicholas J.P. added. (Attachments: # 1)(Wagner, Nicholas) (Entered: 10/05/2006)

RECAP
3 Oct. 5, 2006

APPLICATION for Pro Hace Vice by Jose Hernandez. (Wagner, Nicholas) (Entered: 10/05/2006)

RECAP
4 Oct. 5, 2006

SUMMONS ISSUED as to *Anthony Balakian, Vince Balakian, Leo Balakian* with answer to complaint due within *20* days. Attorney *Nicholas J.P. Wagner* *Law Offices of Wagner & Jones* *1111 East Herndon Ste 317* *Fresno, CA 93720*. (Timken, A) (Entered: 10/05/2006)

RECAP
5 Oct. 5, 2006

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/14/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Consent Forms # 2 VDRP Forms) (Timken, A) (Entered: 10/05/2006)

RECAP
6 Oct. 5, 2006

CLERK'S NOTICE: Attn: J. Wagner 3 Application ; Advance payment of a fee in the amount of $180.00 is required and should be submittedelectronically using an event in the category Credit Card Payments. Your document will not befiled until the fee is paid (Local Rule 77-121c). (Kusamura, W) (Entered: 10/05/2006)

RECAP
Oct. 5, 2006

RECEIPT number 101 9529 for $350.00 for Civil Filing Fee from Daniel Kopfman. (Timken, A)

Oct. 6, 2006

RECEIPT number 101 9549 for $180.00 for Pro Hac Vice re 3 from Daniel Kopfman. (Gil−Garcia, A) (Entered: 10/06/2006)

PACER
Oct. 6, 2006

RECEIPT number 101 9549 for $180.00 for Pro Hac Vice re 3 from Daniel Kopfman. (Gil-Garcia, A)

8 Oct. 24, 2006

REQUEST for WAIVER of SERVICE sent to Leo Balakian, Anthony Balakian, Vince Balakian by Jose Hernandez. Attorney Foster - PRO HAC VICE, Howard W. added. (Foster - PRO HAC VICE, Howard) (Entered: 10/24/2006)

RECAP
Oct. 31, 2006

RECEIPT number 101 9681 for $180.00 for Pro Hac Vice − Monte B. Lake from Kahn Soares &Conway. (Carter−Ford, R) (Entered: 10/31/2006)

PACER
Oct. 31, 2006

RECEIPT number 101 9682 for $360.00 for Pro Hac Vice − Natalie K. Brouwer and Christine M. Cooper from Kahn Soares &Conway. (Carter−Ford, R) (Entered: 10/31/2006)

PACER
9 Oct. 31, 2006

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Anthony Balakian, Vince Balakian, Leo Balakian for attorney Monte B. Lake to appear Pro Hac Vice. Attorney Kahn, Jan Leslie added. (Kahn, Jan) (Entered: 10/31/2006)

RECAP
10 Oct. 31, 2006

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Anthony Balakian, Vince Balakian, Leo Balakian for attorney Natalie K. Brouwer to appear Pro Hac Vice. (Kahn, Jan) (Entered: 10/31/2006)

RECAP
11 Oct. 31, 2006

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Anthony Balakian, Vince Balakian, Leo Balakian for attorney Christine M. Cooper to appear Pro Hac Vice. (Kahn, Jan) (Entered: 10/31/2006)

RECAP
Oct. 31, 2006

RECEIPT number 101 9682 for $360.00 for Pro Hac Vice - Natalie K. Brouwer and Christine M. Cooper from Kahn Soares & Conway. (Carter-Ford, R)

Oct. 31, 2006

RECEIPT number 101 9681 for $180.00 for Pro Hac Vice - Monte B. Lake from Kahn Soares & Conway. (Carter-Ford, R)

14 Nov. 2, 2006

PRO HAC VICE ORDER Added attorney Natalie K. Brouwer - PRO HAC VICE for Anthony Balakian, Leo Balakian and Vince Balakian. Signed by Judge Oliver W. Wanger on 10/31/06. (Hellings, J) (Entered: 11/02/2006)

RECAP
15 Nov. 2, 2006

PRO HAC VICE ORDER: Added attorney Christine M. Cooper - PRO HAC VICE for Anthony Balakian, Leo Balakian and Vince Balakian. Signed by Judge Oliver W. Wanger on 10/31/06. (Hellings, J) (Entered: 11/02/2006)

RECAP
16 Nov. 2, 2006

PRO HAC VICE ORDER: Added attorney Monte B. Lake - PRO HAC VICE for Anthony Balakian, Leo Balakian and Vince Balakian. Signed by Judge Oliver W. Wanger on 10/31/06. (Hellings, J) (Entered: 11/02/2006)

RECAP
17 Dec. 5, 2006

MOTION to DISMISS by Anthony Balakian, Vince Balakian, Leo Balakian. Motion Hearing set for 1/8/2007 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Memorandum of Points and Authorities# 2 Proposed Order # 3 Lexis Case)(Brouwer - PRO HAC VICE, Natalie) (Entered: 12/05/2006)

RECAP
18 Dec. 5, 2006

REQUEST for JUDICIAL NOTICE by Anthony Balakian, Vince Balakian, Leo Balakian in re 17 Motion to Dismiss,. (Attachments: # 1 Brewer Part 1 of 2# 2 Brewer Part 2 of 2)(Brouwer - PRO HAC VICE, Natalie) (Entered: 12/05/2006)

RECAP
19 Dec. 6, 2006

CLERK'S NOTICE: Attn: Natalie Brouwer regarding 18 Request for Judicial Notice - Wrong Document AttachedYour filing is entitled Request for judical notice, however, the actual document attached is "Jury Demanded" "Class Action Complaint" for a case in the District of Washington division of Yakima, case # CV-06-3090 RHW Marin v. Evans.Please re-file your document using the correct event. If you needassistance, please contact the CM/ECF help desk at 866-884-5444. (Kusamura, W) (Entered: 12/06/2006)

RECAP
20 Dec. 8, 2006

REQUEST for JUDICIAL NOTICE by Anthony Balakian, Vince Balakian, Leo Balakian in re 17 Motion to Dismiss,. Amended Request (Attachments: # 1 Marin Complaint# 2 Brewer Complaint Part 1 of 2# 3 Brewer Complaint Part 2 of 2)(Brouwer - PRO HAC VICE, Natalie) (Entered: 12/08/2006)

RECAP
21 Dec. 19, 2006

MOTION for EXTENSION 14 Days by Jose Hernandez re 17 MOTION to DISMISS by Jose Hernandez. (Foster - PRO HAC VICE, Howard) (Entered: 12/19/2006)

RECAP
22 Dec. 19, 2006

PROPOSED ORDER Proposed Order re 21 MOTION for EXTENSION 14 Days by Jose Hernandez re 17 MOTION to DISMISS by Jose Hernandez. (Foster - PRO HAC VICE, Howard) (Entered: 12/19/2006)

RECAP
23 Dec. 21, 2006

MEMORANDUM/RESPONSE in OPPOSITION. To Plaintiff's Request for Two Week Extension to Respond to Motion to Dismiss (Attachments: # 1 Exhibit Attachment A to Response in Opposition)(Cooper - PRO HAC VICE, Christine) (Entered: 12/21/2006)

RECAP
24 Dec. 21, 2006

ORDER GRANTING 21 Plaintiff's Motion for Extension of time to file opposition to defendants' Motion to Dismiss. Plaintiff's opposition is due by 1/5/07. The hearing on the Motion to Dismiss currently set for 1/8/07 is hereby CONTINUED to 1/29/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 12/21/06. (Robles, S) (Entered: 12/21/2006)

RECAP
25 Jan. 3, 2007

MOTION for SANCTIONS by Jose Hernandez. Motion Hearing set for 2/5/2007 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Foster - PRO HAC VICE, Howard) (Entered: 01/03/2007)

RECAP
26 Jan. 3, 2007

MEMORANDUM/RESPONSE in SUPPORT re 25 MOTION for SANCTIONS. (Foster - PRO HAC VICE, Howard) (Entered: 01/03/2007)

RECAP
27 Jan. 3, 2007

STIPULATION and PROPOSED ORDER Stipulation to Reschedule Oral Argument by Jose Hernandez. (Foster - PRO HAC VICE, Howard) (Entered: 01/03/2007)

RECAP
28 Jan. 4, 2007

REQUEST for Consolidation Of Court's Hearings For Defendants' Motion To Dismiss And Plaintiff's Motion For Sanctions by Anthony Balakian, Vince Balakian, Leo Balakian re 27 Stipulation and Proposed Order filed by Jose Hernandez,. (Attachments: # 1 Proposed Order)(Brouwer - PRO HAC VICE, Natalie) (Entered: 01/04/2007)

RECAP
29 Jan. 4, 2007

MINUTE ORDER: TEXT ONLY ENTRY - The hearing on the motion to dismiss currently set for 1/29/2007 and the hearing on the motion for sanctions set for 2/5/2007 at 9:00 am will both be heard on 2/5/2007 at 10:00 AM (the courts regular law and motion hearing time) in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Lucas, G) (Entered: 01/04/2007)

RECAP
30 Jan. 5, 2007

MEMORANDUM/RESPONSE in OPPOSITION re 17 MOTION to DISMISS. (Foster - PRO HAC VICE, Howard) (Entered: 01/05/2007)

RECAP
31 Jan. 8, 2007

ORDER signed by Judge Oliver W. Wanger on 1/5/07 ORDERING 17 MOTION to DISMISS Hearing CONTINUED from 1/29/07 to 2/5/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Carter-Ford, R) (Entered: 01/08/2007)

RECAP
32 Jan. 17, 2007

REQUEST for Rescheduling the Court's Rule 16 Conference by Anthony Balakian, Vince Balakian, Leo Balakian. (Attachments: # 1 Proposed Order)(Brouwer - PRO HAC VICE, Natalie) (Entered: 01/17/2007)

RECAP
33 Jan. 18, 2007

ORDER GRANTING Joint Request to Reschedule the Court's Rule 16 Conference. Signed by Judge Oliver W. Wanger on 1/18/07. (Hellings, J) (Entered: 01/18/2007)

RECAP
34 Jan. 19, 2007

MEMORANDUM/RESPONSE in OPPOSITION re 25 MOTION for SANCTIONS. (Attachments: # 1 Exhibit A - Mendoza Complaint# 2 Exhibit B, Mendoza RICO Case Statement)(Brouwer - PRO HAC VICE, Natalie) (Entered: 01/19/2007)

RECAP
35 Jan. 19, 2007

REQUEST for Judicial Notice of Complaint and RICO Case Statement Filed in Federal Court by Anthony Balakian, Vince Balakian, Leo Balakian re 34 Memorandum/Response in Opposition to Motion filed by Leo Balakian,, Anthony Balakian,, Vince Balakian,. (Attachments: # 1 Mendoza Complaint# 2 Mendoza RICO Case Statement)(Brouwer - PRO HAC VICE, Natalie) (Entered: 01/19/2007)

RECAP
36 Jan. 19, 2007

MINUTE ORDER: TEXT ONLY ENTRY - Due to the Court's heavy caseload, the hearing on the Motion to Dismiss and Motion for Sanctions currently set for 2/5/07 has been continued to 3/19/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. If the new hearing date is not agreeable to all parties, a stipulation signed by all parties must be submitted to the court with a new proposed hearing date that is not earlier than 4/9/07. (Robles, S) (Entered: 01/19/2007)

RECAP
37 Jan. 25, 2007

NOTICE by all defendants. Notice of Withdrawal of Natalie K. Brouwer (Brouwer - PRO HAC VICE, Natalie) (Entered: 01/25/2007)

RECAP
38 Jan. 26, 2007

REPLY to RESPONSE to MOTION re 25 MOTION for SANCTIONS. (Foster - PRO HAC VICE, Howard) (Entered: 01/26/2007)

RECAP
39 March 12, 2007

REPLY to RESPONSE to MOTION re 17 MOTION to DISMISS. (Lake - PRO HAC VICE, Monte) (Entered: 03/12/2007)

RECAP
40 March 19, 2007

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR SANCTIONS HEARING held on 3/19/2007. Matter argued and submitted. Order to be prepared by the court. Scheduling Conference set for 4/13/2007 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Plaintiffs Counsel H. Foster present. Defendants Counsel M. Lake present. Court Reporter/CD Number: K. Lopez. (Robles, S) (Entered: 03/19/2007)

RECAP
41 March 27, 2007

ORDER GRANTING IN PART WITH LEAVE TO AMEND AND DENYING IN PART 17 MOTION to DISMISS filed by Leo Balakian, Anthony Balakian, Vince Balakian and DENYING 25 MOTION for SANCTIONS filed by Jose Hernandez. Case Management due by 5/1/2007 for filing of first amended complaint. signed by Judge Oliver W. Wanger on 3/23/07. (Robles, S) (Entered: 03/27/2007)

RECAP
42 April 2, 2007

FIRST AMENDED COMPLAINT against all defendants by Jose Hernandez.(Foster - PRO HAC VICE, Howard) (Entered: 04/02/2007)

RECAP
43 April 6, 2007

STATEMENT of Defendants' Case Management Statement and Proposed Order by Defendants Anthony Balakian, Vince Balakian, Leo Balakian. (Lake - PRO HAC VICE, Monte) (Entered: 04/06/2007)

RECAP
44 April 9, 2007

SCHEDULING REPORT by Jose Hernandez. (Foster - PRO HAC VICE, Howard) (Entered: 04/09/2007)

RECAP
45 April 12, 2007

CLERK'S NOTICE of DOCKET CORRECTION to Monte Lake re 43 Statement: The document should be filed with the event Proposed Order or Stipulation and Proposed Order. Additionally, Local Rule 5-137(b) requires that you email the proposed order in word processing format to the appropriate Judge. Please refer to "E-Mail Addresses for Proposed Orders" on our website (please disregard if you have emailed your document to the judge).(Hellings, J) (Entered: 04/12/2007)

RECAP
46 April 13, 2007

PROPOSED ORDER Defendants' Case Management Statement and Proposed Order by Anthony Balakian, Vince Balakian, Leo Balakian. (Lake - PRO HAC VICE, Monte) (Entered: 04/13/2007)

RECAP
47 April 13, 2007

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : SCHEDULING CONFERENCE held on 4/13/2007. Order to be prepared by the Court. (Robles, S) (Entered: 04/13/2007)

RECAP
48 April 16, 2007

DEFENDANTS' ANSWER to AMENDED COMPLAINT by Anthony Balakian, Vince Balakian, Leo Balakian.(Lake - PRO HAC VICE, Monte) (Entered: 04/16/2007)

RECAP
49 April 17, 2007

FIRST SCHEDULING CONFERENCE ORDER; class certification discovery cut-off due by 8/13/2007; motion for class certification due by 8/13/2007; in-court hearing re same set for 9/24/2007 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; order signed by Judge Oliver W. Wanger on 4/13/07. (Rooney, M) (Entered: 04/17/2007)

RECAP
50 April 24, 2007

MOTION for DISCOVERY to Strike Defs' Affirmative Defenses by Jose Hernandez. Motion Hearing set for 6/4/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Foster - PRO HAC VICE, Howard) (Entered: 04/24/2007)

RECAP
51 April 24, 2007

MEMORANDUM/RESPONSE in SUPPORT re 50 MOTION for DISCOVERY to Strike Defs' Affirmative Defenses. (Foster - PRO HAC VICE, Howard) (Entered: 04/24/2007)

RECAP
52 April 25, 2007

MEMORANDUM/RESPONSE in SUPPORT re 50 MOTION for DISCOVERY to Strike Defs' Affirmative Defenses. AMENDED (Foster - PRO HAC VICE, Howard) (Entered: 04/25/2007)

RECAP
53 May 18, 2007

MEMORANDUM/RESPONSE in OPPOSITION re 50 MOTION for DISCOVERY to Strike Defs' Affirmative Defenses. (Attachments: # 1 Exhibit Attachment A Marin v. Evans# 2 Exhibit Attachment B Jones v. Tozzi)(Lake - PRO HAC VICE, Monte) (Entered: 05/18/2007)

RECAP
54 May 25, 2007

MEMORANDUM/RESPONSE in SUPPORT re 50 MOTION for DISCOVERY to Strike Defs' Affirmative Defenses. (Foster - PRO HAC VICE, Howard) (Entered: 05/25/2007)

RECAP
55 May 29, 2007

MINUTE ORDER: TEXT ONLY ENTRY - NOTICE TO COUNSEL: Counsel are reminded of the local rule requirement that when any document which has been electronically filed exceeds 25 pages, counsel must also submit a courtesy paper copy to chambers which is properly tabbed and fastened. (Timken, A) (Entered: 05/29/2007)

RECAP
56 May 30, 2007

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Jose Hernandez for attorney Matthew A. Galin to appear Pro Hac Vice. (Goldberg, Michael) (Entered: 05/30/2007)

RECAP
May 31, 2007

RECEIPT number 101−205242 for $180.00 for Pro Hac Vice Application Fee as to Matthew A. Galin from Johnson &Bell. (Arellano, S.) (Entered: 05/31/2007)

PACER
May 31, 2007

RECEIPT number 101-205242 for $180.00 for Pro Hac Vice Application Fee as to Matthew A. Galin from Johnson & Bell. (Arellano, S.)

57 June 1, 2007

ORDER DENYING 50 Plaintiff's MOTION to strike defendants' affirmative defenses signed by Judge Oliver W. Wanger on 6/1/2007. (Timken, A) (Entered: 06/01/2007)

RECAP
58 June 5, 2007

PRO HAC VICE ORDER Added attorney Matthew A. Galin- PRO HAC VICE for Jose Hernandez, signed by Judge Oliver W. Wanger on 6/1/07. (Gil-Garcia, A) (Entered: 06/05/2007)

RECAP
June 7, 2007

RECEIPT Number 101−205334 for $180.00 for Pro Hac Vice Application Fee as to Wendel V. Hall From McGuiness, Norris &Williams LLP.(Arellano, S.) (Entered: 06/08/2007)

PACER
June 7, 2007

RECEIPT Number 101-205334 for $180.00 for Pro Hac Vice Application Fee as to Wendel V. Hall From McGuiness, Norris & Williams LLP.(Arellano, S.)

59 June 12, 2007

PRO HAC VICE ORDER Added attorney Wendel V. Hall-PRO HAC VICE for Anthony Balakian and Vince Balakian, signed by Judge Oliver W. Wanger on 06/08/2007. (Martin, S) (Entered: 06/12/2007)

RECAP
60 July 2, 2007

MOTION to COMPEL by Jose Hernandez.Motion Hearing set for 7/27/2007 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Foster - PRO HAC VICE, Howard) (Entered: 07/02/2007)

RECAP
61 July 2, 2007

STATEMENT of Joint Statement of Plaintiff and Defendant by Plaintiff Jose Hernandez re 60 MOTION to COMPEL. (Attachments: # 1 Exhibit Exhibits A-K)(Foster - PRO HAC VICE, Howard) (Entered: 07/02/2007)

RECAP
62 July 27, 2007

MINUTES (Text Only) for proceedings held before Judge Dennis L. Beck : MOTION HEARING held on 7/27/2007 ; MOTIONS SUBMITTED: taking under submission, Court to issue Order re: Plaintiff's 60 Motion to Compel. Plaintiffs Counsel Howard Foster by telephone. Defendants Counsel Christine Cooper, Jan Leslie Kahn, Wendall Hall, Monte Lake by telephone. Court Reporter/CD Number: ECRO. (Hernandez, M) (Entered: 07/27/2007)

RECAP
63 July 30, 2007

MOTION to VACATE Class Certification Schedule by Jose Hernandez.Motion Hearing set for 9/10/2007 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Foster - PRO HAC VICE, Howard) (Entered: 07/30/2007)

RECAP
64 July 30, 2007

MEMORANDUM/RESPONSE in SUPPORT re 63 MOTION to VACATE Class Certification Schedule. (Foster - PRO HAC VICE, Howard) (Entered: 07/30/2007)

RECAP
65 July 30, 2007

NOTICE by Anthony Balakian, Vince Balakian, Leo Balakian. of Withdrawal of Christine M. Cooper (Cooper - PRO HAC VICE, Christine) (Entered: 07/30/2007)

RECAP
66 Aug. 2, 2007

NOTICE of CHANGE of ADDRESS by Monte B. Lake - PRO HAC VICE. (Lake - PRO HAC VICE, Monte) (Entered: 08/02/2007)

RECAP
67 Aug. 24, 2007

MEMORANDUM/RESPONSE in OPPOSITION re 63 MOTION to VACATE Class Certification Schedule. (Lake, Monte) (Entered: 08/24/2007)

RECAP
68 Sept. 5, 2007

ORDER granting 60 Motion to Compel in part signed by Judge Dennis L. Beck on 9/5/2007. (Hernandez, M) (Entered: 09/05/2007)

RECAP
70 Sept. 10, 2007

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : MOTION to vacate class certification schedule HEARING held on 9/10/2007. The Court grants the motion as to the class certification schedule. The Court orders counsel to resolve the class discovery period, if no resolution is made, the matter is to be reset on calendar. Plaintiffs Counsel Not Present present. Defendants Counsel J. Kahn present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 09/13/2007)

RECAP
69 Sept. 11, 2007

STIPULATION and PROPOSED ORDER by Anthony Balakian, Vince Balakian, Leo Balakian. (Attachments: # 1 Proposed Order)(Hall, Wendel) (Entered: 09/11/2007)

RECAP
Sept. 25, 2007

SERVICE BY MAIL: 71 Order on Motion to Vacate served on Matthew A. Galin PHV, Wendel Hall PHV. (Hellings, J) (Entered: 09/25/2007)

PACER
71 Sept. 25, 2007

ORDER GRANTING Plaintiff's Motion to Vacate 63 . Signed by Judge Oliver W. Wanger on 9/25/07. (Hellings, J) (Entered: 09/25/2007)

RECAP
Sept. 25, 2007

SERVICE BY MAIL: 71 Order on Motion to Vacate served on Matthew A. Galin PHV, Wendel Hall PHV. (Hellings, J)

72 Nov. 5, 2007

ORDER signed by Judge Oliver W. Wanger on 11/5/2007 setting Scheduling Conference for 1/4/2008 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 11/05/2007)

RECAP
73 Dec. 17, 2007

MOTION to CERTIFY CLASS by Jose Hernandez.Motion Hearing set for 2/11/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Foster, Howard) (Entered: 12/17/2007)

RECAP
74 Dec. 17, 2007

MEMORANDUM/RESPONSE in SUPPORT re 73 MOTION to CERTIFY CLASS. (Attachments: # 1 Exhibit A through D# 2 Exhibit E though J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M through O)(Foster, Howard) (Entered: 12/17/2007)

RECAP
75 Dec. 28, 2007

JOINT SCHEDULING REPORT by Jose Hernandez. (Foster, Howard) (Entered: 12/28/2007)

RECAP
76 Jan. 4, 2008

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger : SCHEDULING CONFERENCE held on 1/4/2008. Specific dates to be given upon the Court's ruling on the class action motion. If the matter is not deemed a class action a further scheduling conference will be held. The Court to issue order. Plaintiffs Counsel M. Galin, H. Foster present. Defendants Counsel J. Kahn, M. Lake, W. Hall present. (Timken, A) (Entered: 01/04/2008)

RECAP
77 Jan. 9, 2008

ORDER After Scheduling Conference signed by Judge Oliver W. Wanger on 1/8/08. (Verduzco, M) (Entered: 01/09/2008)

RECAP
78 Jan. 25, 2008

MEMORANDUM/RESPONSE in OPPOSITION re 73 MOTION to CERTIFY CLASS. (Attachments: # 1 Proposed Order Form of Order per Standing Order)(Lake, Monte) (Entered: 01/25/2008)

RECAP
79 Jan. 25, 2008

STATEMENT of Appendix of Exhibits in Support of Defendants' Memorandum in Opposition to Plaintiff's Motion to Certify Class by Defendants Anthony Balakian, Vince Balakian, Leo Balakian re 78 Memorandum/Response in Opposition to Motion. (Attachments: # 1 Exhibit Excerpts from Deposition of Jose Hernandez, # 2 Exhibit Declaration of Anthony Balakian, # 3 Exhibit Declaration of Vince Balakian, # 4 Exhibit Declaration of Leo Balakian, # 5 Exhibit Pew Center Report, # 6 Exhibit Declaration of Dr. Finis Welch, # 7 Exhibit DHS Subpoena re Olivarez, # 8 Exhibit Significant Obstacles, # 9 Exhibit GAO Report: Weaknesses Hinder Employment Verification, # 10 Exhibit Agreement Between Plaintiff and Counsel, # 11 Exhibit Jose Hernandez I-9 Form with Translator's Signature, # 12 Exhibit Felony Complaint, # 13 Exhibit Order re Preliminary Hearing, # 14 Exhibit Salyer Complaint, # 15 Exhibit Evans Complaint, # 16 Exhibit Affidavit of Jose Hernandez (English/Spanish), # 17 Exhibit Workers' Compensation Deposition, # 18 Exhibit Letter transmitting File)(Lake, Monte) (Entered: 01/25/2008)

RECAP
80 Jan. 31, 2008

MOTION to AMEND the COMPLAINT amending 42 Amended Complaint and Vacate Schedule by Jose Hernandez. Motion Hearing set for 2/11/2008 at 10:00 AM in Courtroom 3 (OWW) before District Judge Oliver W. Wanger. (Foster, Howard) (Entered: 01/31/2008)

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81 Jan. 31, 2008

MEMORANDUM/RESPONSE in SUPPORT re 80 MOTION to AMEND the COMPLAINT amending 42 Amended Complaint and Vacate Schedule. (Foster, Howard) (Entered: 01/31/2008)

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82 Feb. 1, 2008

MINUTE ORDER: ***TEXT ONLY ENTRY*** Notice to counsel: The hearing date re motion to amend the complaint, 80, has been changed to allow proper notice pursuant to Local Rule 78-230(b). The Hearing re Motion to Amend the Complaint has been re-set to 3/17/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Timken, A) (Entered: 02/01/2008)

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83 Feb. 8, 2008

MEMORANDUM/RESPONSE in OPPOSITION re 80 MOTION to AMEND the COMPLAINT amending 42 Amended Complaint and Vacate Schedule. (Attachments: # 1 Exhibit Bodner v Oreck Direct, LLC, # 2 Proposed Order)(Lake, Monte) (Entered: 02/08/2008)

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84 Feb. 11, 2008

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: HEARING re Motion to Certify Class 73 held on 2/11/2008. The matter is argued and submitted. The Court denies the motion without prejudice. Court Reporter/CD Number: ECRO. (Timken, A) (Entered: 02/11/2008)

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85 March 7, 2008

REPLY to RESPONSE to MOTION re 80 MOTION to AMEND the COMPLAINT amending 42 Amended Complaint and Vacate Schedule. (Foster, Howard) (Entered: 03/07/2008)

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86 March 17, 2008

MINUTES (Text Only) for proceedings held before Judge Oliver W. Wanger: MOTION to Amend Complaint HEARING held on 3/17/2008. The Court grants the motion to amend re new representative plaintiff only. Amended Complaint due by 4/17/2008. A Scheduling Conference has been set for 5/2/2008 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger to revise scheduling dates. The Court to issue decision. Plaintiffs Counsel H. Foster, M. Galin present. Defendants Counsel M. Lake, W. Hall present. Court Reporter/CD Number: K. Lopez. (Timken, A) (Entered: 03/17/2008)

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87 March 19, 2008

MEMORANDUM DECISION and ORDER Granting Plaintiff's Motion to Leave to Amend the Complaint and Vacate the Schedule 80 signed by Judge Oliver W. Wanger on 3/18/08. Amended Complaint due by 4/17/2008.(Verduzco, M) (Entered: 03/19/2008)

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88 March 25, 2008

MOTION for PROTECTIVE ORDER Prohibiting Solicitation Of Potential Class Members As Class Representative Or Lead Plaintiff by Anthony Balakian, Vince Balakian, Leo Balakian. Motion Hearing set for 5/19/2008 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Attachments: # 1 Memorandum, # 2 Exhibit Spanish Solicitation Letter, # 3 Exhibit Certified Translation Of Spanish Solicitation Letter, # 4 Exhibit English Solicitation Letter, # 5 Exhibit Deposition Excerpts, # 6 Proposed Order)(Lake, Monte) (Entered: 03/25/2008)

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89 April 22, 2008

PROPOSED ORDER by Anthony Balakian, Vince Balakian, Leo Balakian. (Lake, Monte) (Entered: 04/22/2008)

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90 May 1, 2008

ORDER of DISMISSAL, signed by Judge Oliver W. Wanger on 4/30/08. CASE CLOSED(Gil-Garcia, A) (Entered: 05/01/2008)

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Case Details

State / Territory:

California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 5, 2006

Closing Date: May 1, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Legal hourly-paid workers employed by Fruit Patch, Inc.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Fruit Patch, Inc.

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Other Dockets:

Eastern District of California 1:06-cv-01383

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Basis:

Immigration status

Immigration/Border:

Employer sanctions

Employment

Recommended Citation