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)

Wagner, Patricia H. (Washington)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Foster, Howard W. (Illinois)

Galin, Matthew (Illinois)

Goldberg, Michael (California)

Attorneys(s) for Defendant

Brouwer, Natalie K. (District of Columbia)

Cooper, Christine M. (District of Columbia)

Hall, Wendel (District of Columbia)

Kahn, Jan Leslie (California)

Judge(s)

Beck, Dennis L. (California)

Wagner, Patricia H. (Washington)

Wanger, Oliver Winston (California)

Attorneys(s) for Plaintiff

Foster, Howard W. (Illinois)

Galin, Matthew (Illinois)

Goldberg, Michael (California)

Attorneys(s) for Defendant

Brouwer, Natalie K. (District of Columbia)

Cooper, Christine M. (District of Columbia)

Hall, Wendel (District of Columbia)

Kahn, Jan Leslie (California)

Lake, Monte B. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Jan. 26, 2011 Docket
1

Complaint

Oct. 5, 2006 Complaint
41

Opinion

480 F.Supp.2d 1198

March 27, 2007 Order/Opinion
42

Amended Complaint

April 2, 2007 Complaint
57

Opinion

2007 WL 1649911

June 1, 2007 Order/Opinion
87

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

251 F.R.D. 488

March 18, 2008 Order/Opinion

Docket

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

Last updated May 12, 2022

ECF Number Description Date Link
1

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)

Oct. 5, 2006 PACER
3

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

Oct. 5, 2006 PACER

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

Oct. 5, 2006 PACER
4

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)

Oct. 5, 2006 PACER
5

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)

Oct. 5, 2006 PACER
6

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)

Oct. 5, 2006 PACER

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

Oct. 6, 2006 PACER
8

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)

Oct. 24, 2006 PACER
9

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)

Oct. 31, 2006 PACER
10

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)

Oct. 31, 2006 PACER
11

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)

Oct. 31, 2006 PACER

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

Oct. 31, 2006 PACER

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 PACER
14

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)

Nov. 2, 2006 PACER
15

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)

Nov. 2, 2006 PACER
16

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)

Nov. 2, 2006 PACER
17

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)

Dec. 5, 2006 PACER
18

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)

Dec. 5, 2006 PACER
19

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)

Dec. 6, 2006 PACER
20

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)

Dec. 8, 2006 PACER
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)

Dec. 19, 2006 PACER
22

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)

Dec. 19, 2006 PACER
23

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)

Dec. 21, 2006 PACER
24

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)

Dec. 21, 2006 RECAP
25

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)

Jan. 3, 2007 PACER
26

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

Jan. 3, 2007 PACER
27

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

Jan. 3, 2007 PACER
28

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)

Jan. 4, 2007 PACER
29

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)

Jan. 4, 2007 PACER
30

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

Jan. 5, 2007 PACER
31

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)

Jan. 8, 2007 RECAP
32

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)

Jan. 17, 2007 PACER
33

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)

Jan. 18, 2007 RECAP
34

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)

Jan. 19, 2007 PACER
35

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)

Jan. 19, 2007 PACER
36

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)

Jan. 19, 2007 PACER
37

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

Jan. 25, 2007 PACER
38

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

Jan. 26, 2007 PACER
39

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

March 12, 2007 PACER
40

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)

March 19, 2007 PACER
41

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)

March 27, 2007 RECAP
42

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

April 2, 2007 PACER
43

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)

April 6, 2007 PACER
44

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

April 9, 2007 PACER
45

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)

April 12, 2007 PACER
46

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)

April 13, 2007 PACER
47

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)

April 13, 2007 PACER
48

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

April 16, 2007 PACER
49

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)

April 17, 2007 RECAP
50

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)

April 24, 2007 PACER
51

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

April 24, 2007 PACER
52

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

April 25, 2007 PACER
53

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)

May 18, 2007 PACER
54

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

May 25, 2007 PACER
55

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)

May 29, 2007 PACER
56

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)

May 30, 2007 PACER

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

May 31, 2007 PACER
57

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)

June 1, 2007 RECAP
58

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)

June 5, 2007 PACER

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.)

June 7, 2007 PACER
59

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)

June 12, 2007 PACER
60

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)

July 2, 2007 PACER
61

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)

July 2, 2007 PACER
62

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)

July 27, 2007 PACER
63

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)

July 30, 2007 PACER
64

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

July 30, 2007 PACER
65

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

July 30, 2007 PACER
66

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

Aug. 2, 2007 PACER
67

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

Aug. 24, 2007 PACER
68

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

Sept. 5, 2007 RECAP
70

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)

Sept. 10, 2007 PACER
69

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

Sept. 11, 2007 PACER
71

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

Sept. 25, 2007 RECAP

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

Sept. 25, 2007 PACER
72

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)

Nov. 5, 2007 RECAP
73

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)

Dec. 17, 2007 PACER
74

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)

Dec. 17, 2007 PACER
75

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

Dec. 28, 2007 PACER
76

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)

Jan. 4, 2008 PACER
77

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

Jan. 9, 2008 RECAP
78

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)

Jan. 25, 2008 PACER
79

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)

Jan. 25, 2008 PACER
80

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)

Jan. 31, 2008 PACER
81

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

Jan. 31, 2008 PACER
82

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)

Feb. 1, 2008 PACER
83

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)

Feb. 8, 2008 PACER
84

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)

Feb. 11, 2008 PACER
85

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)

March 7, 2008 PACER
86

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)

March 17, 2008 PACER
87

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)

March 19, 2008 RECAP
88

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)

March 25, 2008 PACER
89

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

April 22, 2008 PACER
90

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

May 1, 2008 RECAP
91

TRANSCRIPT of Proceedings held on 2/11/2008, before Judge Oliver W. Wanger. MOTION TO CERTIFY CLASS HEARING filed by ECRO Otilia Figueroa, Phone number 559-499-5928 E-mail ofigueroa@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/17/2011. Redacted Transcript Deadline set for 2/28/2011. Release of Transcript Restriction set for 4/28/2011. (Figueroa, O) (Entered: 01/26/2011)

Jan. 26, 2011 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

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

Fruit Patch, Inc. (Reedley), Private Entity/Person

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.

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

Immigration status

Immigration/Border:

Employer sanctions

Employment