Tinamarie Fatiah Al-Najjar v. Kindred Healthcare Operating, Inc. et al

Filing 15

PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order 14 (see attached) (jm)

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1 2 3 4 5 6 7 8 9 10 11 12 MICHAEL E. BREWER, Bar No. 177912 mbrewer@littler.com ALISON CUBRE, Bar No. 257834 acubre@littler.com LISA LIN GARCIA, Bar No. 260582 llgarcia@littler.com LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 Fax No.: 415.399.8490 BILLIE D. WENTER, Bar No. 235193 bwenter@littler.com LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Telephone: 925.932.2468 Facsimile: 925.946.9809 Attorneys for Defendant KINDRED HEALTHCARE OPERATING, INC. 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA 15 16 TINAMARIE FATIAH AL-NAJJAR, on behalf of herself and all others similarly situated, 17 18 19 20 21 Case No. 2:17-cv-06166-PSG-FFM [PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING NOTICE TO PUTATIVE CLASS Plaintiff, v. KINDRED HEALTHCARE OPERATING, INC., a Delaware corporation; and DOES 1 through 10, Inclusive, Trial Date: None Set Complaint Filed: June 23, 2017 Defendants. 22 23 Plaintiff TinaMarie Fatiah Al-Najjar (“Plaintiff”) and Defendant Kindred 24 Healthcare Operating, Inc. (“Defendant”) (collectively, the “Parties”), through their 25 26 27 counsel of record, hereby stipulate as follows: WHEREAS, Plaintiff filed a class-action complaint (“Complaint”) in Los Angeles Superior Court on June 23, 2017, and Defendant answered the Complaint 28 LITTLE R MEND ELSO N, P .C . 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 [PROPOSED] ORDER STIPULATED PROTECTIVE 1. Case No. 2:17-cv-06166-PSG-FFM 1 2 3 on August 17, 2017. (Dkt. No. 1, Exs. A, C.); WHEREAS, Defendant removed the case to this Court on August 18, 2017. (Dkt. No. 1.); 4 WHEREAS, under Central District Local Rule 23-3, all motions for 5 certification must be filed within 90 days of commencement, unless otherwise 6 ordered by the Court; 7 8 WHEREAS, Plaintiff has requested and Defendant has declined to stipulate to relieve Plaintiff from Local Rule 23-3. 9 WHEREAS, the Parties have met and conferred regarding the notice process 10 to obtain the name and last known home address and telephone number for putative 11 class members. 12 Therefore, given the short deadline imposed by Local Rule 23-3, instead of 13 the opt-out process under Belaire-West Landscape, Inc. v. Superior Court, 149 Cal. 14 App. 4th 554 (2007), the Parties choose to follow the notice process sanctioned by 15 this Court in York v. Starbucks Corp., 2009 U.S. Dist. LEXIS 92274, *4-5, 2009 WL 16 3177605 (C.D. Cal. June 30, 2009), and stipulate as follows: 17 (1) The protections of this Stipulation and Order are in addition to the 18 general protections the Parties agreed to under the Parties’ Stipulated Protective Order 19 and Clawback Agreement, filed with this Court on September 26 (“Protective Order”). 20 [Dkt No.13.] 21 (2) Contact information for the putative class is protected by the employees’ 22 right to privacy, and it shall be designated as “CONFIDENTIAL” as defined by 23 Section 2.2 of the Parties’ Protective Order [Dkt No. 13] before being produced to 24 Plaintiff’s Counsel. 25 (3) At the outset of Plaintiff Counsel’s first contact with each employee, 26 Plaintiff’s Counsel will inform each employee that the employee has the right not to 27 talk with Plaintiff’s Counsel. 28 (4) Plaintiff’s Counsel will also inform each employee that his or her refusal LITTLE R MEND ELSO N, P .C . 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 [PROPOSED] ORDER STIPULATED PROTECTIVE 2. Case No. 2:17-cv-06166-PSG-FFM 1 to speak with counsel will not prejudice his or her rights as a class member should the 2 Court certify the class. 3 (5) If any employee elects not to talk to Plaintiff’s Counsel, Plaintiff Counsel 4 will terminate the contact and not contact him or her again unless required by Court 5 Order. 6 7 8 9 (6) Plaintiff’s Counsel will keep a list of all employees who make it known that they do not want to be contacted and preserve that list for the Court. (7) The contact information will be used only for the purposes of this action, and it will not be disseminated to anyone who is not necessary to the prosecution of 10 this case. 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 Dated: September 27, 2017 /s/ James DeSario________________ MICHAEL NOURMAND JAMES A. DE SARIO THE NOURMAND LAW FIRM, APC Attorneys for Plaintiff 13 14 15 16 17 I attest that all other signatures listed, and on whose behalf the filing is submitted, concur in the filings content and have authorized the filing as required under Local Rule 5-4.3.4(a)(2)(i). 18 Dated: September 27, 2017 /s/ Alison Cubre__________________ MICHAEL E. BREWER BILLIE D. WENTER ALISON J. CUBRE LISA LIN GARCIA Littler Mendelson, P.C. Attorneys for Defendant KINDRED HEALTHCARE OPERATING, INC. 19 20 21 22 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 26 FREDERICK F. MUMM _____________________________________ DATED: October 6, 2017 Honorable Frederick F. Mumm United States Magistrate Judge 27 28 Firmwide:150285833.1 091140.1004 LITTLE R MEND ELSO N, P .C . 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 [PROPOSED] ORDER STIPULATED PROTECTIVE 3. Case No. 2:17-cv-06166-PSG-FFM

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