Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Santacruz v. Southbank Dairies, LLC

United States District Court, W.D. Washington, Tacoma

February 2, 2017

VICTOR SANTACRUZ, LUIS SANTACRUZ, CIRILO MANCINAS LOPEZ, RAYMUNDO MARTINEZ, LUCIA GARCIA, and WILLIAM ALCANTAR, Plaintiffs,
v.
SOUTHBANK DAIRIES, LLC, a Washington Limited Liability Company, and JERRY D. FOSTER, an individual, Defendants.

          ORDER ON PLEADING ENTITLED STIPULATION AND PROPOSED ORDER REGARDING DISCOVERY DEADLINE AND TO TAKE DEPOSITION

          ROBERT J. BRYAN United States District Judge.

         This matter comes before the Court on a pleading filed January 27, 2017 entitled “Stipulation and Proposed Order Regarding Discovery Deadline and to Take Deposition.” Dkt. 53. The Court has considered the pleading, the remaining record, and is fully advised.

         Filed March 16, 2016, this case arises from Plaintiffs' employment at Defendants' dairy farm. Dkt. 1. In their First Amended Complaint, Plaintiffs assert that they did not receive all wages due, suffered uncompensated physical injuries, and experienced racial discrimination. Dkt. 26. Plaintiffs make claims under the Fair Labor Standards Act, 29 U.S.C. 206, et seq., the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. § 1802 et seq., and make state law claims under Washington's wage and hours laws, for discrimination in violation of Washington's Law Against Discrimination, RCW 49.60, et seq., for breach of contract, and for fraudulent concealment. Id. Plaintiffs' “deliberate intent to injure/personal injury” claims were dismissed. Dkt. 33.

         FACTS

         On November 30, 2016, Defendants' counsel filed a motion to withdraw as attorneys of record for the Defendants. Dkt. 44. Counsel notified the Defendants of the need to comply with Local Rule W.D. Wash. 83.2(b)(3). Id. The motion was noted for December 16, 2016. Id.

         That same day, on November 30, 2016, Defendant Southbank Dairies, LLC was also notified by the Court that pursuant to Local Rule W.D. Wash. 83.2(b)(3), it must be represented by counsel. Dkt. 46. Defendant Southbank Dairies, LLC was cautioned that it must retain counsel or risk an entry of default against it as to Plaintiffs' claims. Id. It was given until December 16, 2016 to secure counsel and notified that “failure to do so may result in an entry of default against Southbank Dairies, LLC.”

         Defendants' counsels' motion to withdraw was granted on December 19, 2016. Dkt. 47 To date, no attorney has appeared for Defendant Southbank Dairies, LLC.

         On January 27, 2017, the pleading entitled “Stipulation and Proposed Order Regarding Discovery Deadline and to take Deposition” was filed. Dkt. 53. This pleading was filed on behalf of Plaintiffs, through counsel. Id. It also purports to be filed by “Defendants Southbank Dairies, LLC and Jerry D. Foster . . . by and through their undersigned representative.” Id. Defendant Foster signed this pleading. Id. This pleading requests an extension of time of the discovery deadline to February 21, 2017 for the limited purpose of taking the deposition of Judy Stratton and the Fed.R.Civ.P. 30(b)(6) deposition of Southbank Dairies, LLC. Id.

         DISCUSSION

         Local Rule W.D. Wash. 83.2(b)(3) provides:

A business entity, except a sole proprietorship, must be represented by counsel. If the attorney for a business entity, except a sole proprietorship, is seeking to withdraw, the attorney shall certify to the court that he or she has advised the business entity that it is required by law to be represented by an attorney admitted to practice before this court and that failure to obtain a replacement attorney by the date the withdrawal is effective may result in the dismissal of the business entity's claims for failure to prosecute and/or entry of default against the business entity as to any claims of other parties.

         No motion for default has been filed against Southbank Dairies, LLC, so it is still an active defendant in this matter. To date, however, Southbank Dairies, LLC has not retained counsel. Defendant Foster is not an attorney admitted to practice before this court. Accordingly, Defendant Foster cannot represent Southbank Dairies, LLC in any way in this case, including attempting to file pleadings on its behalf.

         As a result, the January 27, 2017 pleading (Dkt. 53) shall be construed as a motion for extension of time between Plaintiffs and Defendant Foster. (It is not a stipulation because not all parties have endorsed it.) They should be given their extension of the discovery deadline from ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.