Nikola Lovig v. Sears Roebuck & Co et al

Filing 48

PROTECTIVE ORDER by Magistrate Judge Robert N. Block Re Stipulation for Discovery of Putative Class Member Contact Information 41 . (nbo)

1
2
3
4
5
6

Shaun Setareh (SBN 204514)
[e-mail]
Hayley Schwartzkopf (SBN 265131)
[e-mail]
LAW OFFICES OF SHAUN SETAREH
9454 Wilshire Boulevard, Penthouse Floor
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]

7
8
9
10
11

Attorneys for Plaintiff
NIKOLA LOVIG
(Attorneys for Defendant &
Additional Attorneys for Plaintiff
on Following Page)

12

UNITED STATES DISTRICT COURT
13
14
15
16
17
18
19
20
21
22
23
24
25

CENTRAL DISTRICT OF CALIFORNIA
NIKOLA LOVIG, on behalf of himself ) Case No. EDCV11-756-CJC (RNBx)
)
and all others similarly situated,
)
) PROTECTIVE ORDER RE
) STIPULATION FOR DISCOVERY
Plaintiff,
) OF PUTATIVE CLASS MEMBER
)
) CONTACT INFORMATION
vs.
)
)
)
SEARS, ROEBUCK & CO., a New
)
York corporation; and DOES 1-50,
)
April 8, 2011
) Action Filed:
inclusive,
)
) Before Magistrate Judge Robert N.
Defendants.
)
) Block
)
)
)

26
27
28
Lovig v. Sears, case no. EDCV11-756-CJC (RNBx)

Order Re Discovery Putative Class Member Contact Info.

1

ATTORNEYS FOR DEFENDANT SEARS, ROEBUCK & CO.

2
3
4
5
6
7
8

Lynne C. Hermle (SBN 99779)
[e-mail]
Joseph C. Liburt (SBN 155507)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
Telephone: [phone]
Facsimile: [phone]

9
10
11
12
13
14

Jinnifer D. Pitcher (SBN 252880)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall Suite 300
Sacramento, CA 95814-4497
Telephone: [phone]
Facsimile: [phone]

15
16
17
18
19
20

Thomas G. Abram
[e-mail]
VEDDER PRICE PC
222 North La Salle Street Suite 2600
Chicago, IL 60601
Telephone: [phone]
Facsimile: [phone]
(Appearing pro hac vice)

21
22
23
24
25
26
27
28
Lovig v. Sears, case no. EDCV11-756-CJC (RNBx)

Order Re Discovery Putative Class Member Contact Info.

1

ADDITIONAL ATTORNEYS FOR PLAINTIFF NIKOLA LOVIG

2
3
4
5
6
7
8
9
10
11
12
13

David Spivak (SBN 179684)
[e-mail]
THE SPIVAK LAW FIRM
9454 Wilshire Boulevard, Suite 303
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]
Louis Benowitz (SBN 262300)
[e-mail]
LAW OFFICES OF LOUIS BENOWITZ
9454 Wilshire Boulevard, Penthouse Floor
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Lovig v. Sears, case no. EDCV11-756-CJC (RNBx)

Order Re Discovery Putative Class Member Contact Info.

1
2
3

Pursuant to the stipulation of the parties and good cause appearing therefore,
IT IS HEREBY ORDERED THAT:
1.

Defendant and Plaintiff will arrange for their respective counsel to

4

meet in defense counsel’s Los Angeles Office at Orrick, Herrington and Sutcliffe

5

LLP. Defendant will show Plaintiff a list with the unique employee identification

6

numbers of the individuals who are members of both the Proposed Technician

7

Class (i.e., individuals employed by Defendant in California at anytime between

8

April 8, 2007 to the present who held the position of “Technician”) and the

9

Proposed Premium Wage Rate Class (i.e., individuals employed by Defendant in

10

California at anytime between April 8, 2007 to the present who received premium

11

wages in lieu of meal and/or rest periods and also a commission or bonus (as

12

defined by Plaintiff in his September 6, 2011 email)). Plaintiff’s counsel will mark

13

the list to select a sample of 500 individuals. Plaintiff’s counsel will not retain the

14

hard copy lists, but defense counsel will copy the lists and provide it to the

15

Administrator (as defined below). Collectively the individuals selected by Plaintiff

16

will be referred to as “the Recipient Employees.”

17

2.

The parties shall select a mutually agreeable neutral third-party as an

18

administrator (“Administrator”). The Administrator shall mail the notice attached

19

as Exhibit “A,” enclosing the postcard attached as Exhibit “B,” to all of the

20

Recipient Employees. The Administrator will also receive and track all requests of

21

the Recipient Employees to opt out from having their name, address and telephone

22

number provided to Plaintiff’s counsel. The Administrator may also perform other

23

incidental tasks as mutually agreed upon by both Parties. Plaintiff and Defendant

24

shall each pay half, respectively, of all fees and costs charged by the Administrator

25

pursuant to this Stipulation. The Parties further agree to use reasonable efforts to

26

minimize the Administrator’s fees and costs pursuant to this Stipulation.

27
28
OHS WEST:261386117.1

1

3.

If a Recipient Employee identified above does not want his/her name,

2

address, and telephone number to be provided to Plaintiff’s counsel, he/she may do

3

one of the following within thirty (30) days after mailing Exhibits “A” and “B”: (a)

4

sign and return the pre-paid postcard attached as Exhibit “B” to the Administrator;

5

or (b) contact the Administrator and state that he/she does not want his/her

6

personal contact information shared with Plaintiff’s attorneys. Each Recipient

7

Employee who notifies the Administrator by one of the two procedures outlined

8

above that he/she does not want his/her personal contact information shared with

9

Plaintiff’s attorneys shall be referred to hereafter as an “Opt Out Employee” while

10
11

the others shall be referred to as “Non-Opt Out Employees.”
4.

Thirty-five (35) days after mailing Exhibits “A” and “B,” the

12

Administrator shall provide both parties a list containing all of the Non-Opt Out

13

Employees, including names, last known addresses and telephone numbers of all

14

such Non-Opt Out Employees.

15

5.

Plaintiff’s counsel may contact the Non-Opt Outs to discover whether

16

they have knowledge of the Defendant’s alleged violations of the California Labor

17

Code and California Business & Professions Code as alleged in Plaintiff’s Second

18

Amended Complaint. Plaintiff’s counsel shall inform Non-Opt Outs that they are

19

under no obligation to speak with Plaintiff’s counsel or agents; whether a Non-Opt

20

Out chooses to speak with Plaintiff’s counsel or agents shall be entirely voluntary

21

and there shall be no retaliation for refusing to speak with Plaintiff’s counsel or

22

agents.

23

6.

Plaintiff (including his counsel and agents) shall keep any contact

24

information discovered by this process as “Confidential” as defined and under the

25

terms of the parties’ Stipulation re: Use of Confidential and Private Information

26

and Court’s protective order. In addition, Plaintiff shall only use such contact

27
28
OHS WEST:261386117.1

1

information for purposes of this litigation, and shall destroy the contact

2

information and all copies thereof at the conclusion of this litigation.

3
4

IT IS SO ORDERED.

5
6
7
8
9

November 28, 2011
Date

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
OHS WEST:261386117.1

The Honorable Robert N. Block, United
States Magistrate Judge

EXHIBIT A

OHS WEST:261386117.1

IMPORTANT NOTICE REGARDING YOUR PERSONAL CONTACT INFORMATION
It is important that you read this notice. Unless you take action as described below, your personal contact
information will be disclosed to the attorneys for Plaintiff in a class action lawsuit against Sears, Roebuck and Co.
(“Defendant”).
Who is receiving this notice?
This notice is being sent to a sample of individuals employed be Defendant at anytime between April 8, 2007 to the
present in California who either held the position of “Technician” or received premium wages in lieu of meal and/or
rest periods and specified commissions or bonuses (collectively “the Recipient Employees”).
What is this case about?
A lawsuit (Nikola Lovig v. Sears, Roebuck & Co., case no. EDCV11-756-CJC (RNBx)) has been filed in the United
States District Court for the Central District of California by Plaintiff Nikola Lovig on behalf of himself and
allegedly on behalf of other similarly situated employees of Defendant. This is not a lawsuit against you, and you are
not being sued. Plaintiff makes claims against Defendant among other things for failure to pay premium wages in
lieu of meal and/or rest periods at legally required rates, failure to issue accurate and complete wage statements, and
failure to pay all earned wages at time of discharge. If you are a Recipient Employee, you may be a member of the
proposed class. The Court has not yet determined whether or not the lawsuit should be allowed to proceed as a class
action. The Defendant denies the claims being made in the lawsuit. It is the Defendant’s position that it has properly
and timely compensated all of its employees and issued accurate and complete wage statements.
Why am I receiving this notice?
Plaintiff’s attorneys would like to have your name, address and telephone number so they may contact you regarding
Plaintiff’s allegations. The parties’ attorneys have agreed to send this notice to you so that you can decide whether to
disclose your name and contact information to Plaintiff’s attorneys. You may choose to exclude yourself from
discovery and not to provide your name and contact information to Plaintiff’s attorneys on the grounds of privacy.
How do I exclude myself from discovery and from having my name and personal contact information
withheld from Plaintiff’s attorneys?
If you do not want your personal contact information disclosed to Plaintiff’s attorneys, you must do one of the
following by [30 (Thirty) Days from Mailing]:
1. Sign and return the enclosed pre-paid postcard to Lovig v. Sears Administrator, c/o [Administrator
Name and mailing address]; or
2. Contact the Administrator that states that you do not want your personal contact information shared
with Plaintiff’s attorneys.
What are my rights?
It is your right to withhold your name and contact information from Plaintiff’s attorneys on the grounds of privacy.
Your decision to withhold your name and contact information at this time will have no impact on any right you may
have to participate in this case in the event it is later certified as a class action. Although you are not required to take
any action or contact anyone, you have the right to contact the Plaintiff’s attorneys or Defendant’s attorneys directly:
Plaintiff’s Attorneys

Defendant’s Attorneys

Shaun Setareh (SBN 204514)
[e-mail]
Hayley Schwartzkopf (SBN 265131)
[e-mail]
LAW OFFICES OF SHAUN SETAREH

Lynne C. Hermle (SBN 99779)
[e-mail]
Joseph C. Liburt (SBN 155507)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP

OHS WEST:261386117.1

9454 Wilshire Blvd, Penthouse Suite 1
Beverly Hills, California 90212
Tel:
[phone]
Fax:
[phone]

1000 Marsh Road
Menlo Park, California 94025
Telephone:
[phone]
Facsimile:
[phone]

David Spivak (SBN 179684)
[e-mail]
THE SPIVAK LAW FIRM
9454 Wilshire Boulevard, Suite 303
Beverly Hills, California 90212
Telephone:
[phone]
Facsimile:
[phone]

Jinnifer D. Pitcher (SBN 252880)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall Suite 300
Sacramento, CA 95814-4497
Telephone:
[phone]
Facsimile:
[phone]

Louis Benowitz (SBN 262300)
[e-mail]
LAW OFFICES OF LOUIS BENOWITZ
9454 Wilshire Blvd., Penthouse Suite 1A
Tel:
[phone]
Fax:
[phone]

Thomas G. Abram
[e-mail]
VEDDER PRICE PC
222 North La Salle Street Suite 2600
Chicago, IL 60601
Telephone:
[phone]
Facsimile:
[phone]
(Appearing pro hac vice)

You are under no obligation to provide information to or discuss this lawsuit with the Plaintiff s attorneys or their
agents or Defendant’s attorneys or agents. NO ONE INVOLVED IN THIS LAWSUIT MAY RETALIATE
AGAINST YOU IN ANY WAY FOR PROVIDING OR REFUSING TO PROVIDE ANY INFORMATION.
Please do not contact the Court with inquiries. The Court does not endorse any of the statements contained in this
notice. The Court has not made any decisions as to the merits of this case.

OHS WEST:261386117.1

EXHIBIT B

OHS WEST:261386117.1

Nikola Lovig v. Sears, Roebuck & Co., case no. EDCV11-756-CJC (RNBx)
Discovery Exclusion Form
Name:
Address:
Phone number:
email address:
□

I wish to be excluded from discovery. I do not want my personal contact information disclosed to
Plaintiff’s attorneys in the above-referenced case.
_____________________
Signature
RETURN THIS FORM TO:
LOVIG V. SEARS ADMINISTRATOR
c/o [Administrator Name]
[Mailing Address]
THIS FORM MUST BE RECEIVED BY ____________, 2011

OHS WEST:261386117.1