Martinez, et al. v. Silveira

Filing 39

STIPULATION Outlining Notification to Potential FLSA Collective Action Members and ORDER signed by Magistrate Judge Gary S. Austin on 10/29/2010. (Bradley, A)

Martinez, et al. v. Silveira

Doc. 39

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ESMERALDA ZENDEJAS, # 258809 BLANCA A. BAÑUELOS, # 231585 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 145 E. Weber Avenue Stockton, CA 95202 Telephone: [phone] Facsimile: [phone] MICHAEL MEUTER, # 161554 CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 3 Williams Road Salinas, CA 93905 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Felipe Nuñez Torres

9 10 11 12 13 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 27 28 The undersigned represent all the named parties to this action and, by signing this document, each and every party to this action does stipulate and jointly move this court for an Order affirming the parties agreement on notifying the potential Fair Labor Standards Act (FLSA) collective action members as follows: 1. The class will encompass all agricultural dairy employees employed by Defendant v. JOSE GILBERTO SILVEIRA, an individual; and DOES ONE through TWENTY inclusive Defendants. ANTONIO MARTÍNEZ, and FELIPE NUÑEZ TORRES, Plaintiffs,
Case No. 1:10-cv-00234-GSA

JULIA L. MONTGOMERY, # 184083 CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION 2210 K Street, Suite 201 Sacramento, CA 95816 Telephone: [phone] ext. 2020 Facsimile: [phone] Attorneys for all Plaintiffs

STIPULATION OUTLINING NOTIFICATION TO POTENTIAL FLSA COLLECTIVE ACTION MEMBERS AND ORDER

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Jose Gilberto Silveira in Merced County anytime between October 26, 2006 through the present date. 2. Defendants will produce to Plaintiffs' counsel no later than October 8, 2010 the

names and last known permanent addresses of all potential opt-in Plaintiffs to enable the delivery of the notice. 3. Plaintiffs' counsel will have two months from the date on which Defendants

produce the complete names and addresses to distribute notice and file opt-ins' consent forms, which shall be completed no later than January 10, 2011. 4. Defendant will post a copy of the Notice of Right to Opt-in to Lawsuit and Opt-

in Form, herein attached as Exhibit 1, in Spanish and English, at each dairy facility owned and operated by Defendant Jose Gilberto Silveira in Merced County (including but not limited to 20334 Oslo Road, Hilmar, California) for a duration of the two month opt-in period. All parties have approved the notice attached as Exhibit 1.

Dated: September 27, 2010

CALIFORNIA RURAL LEGAL ASSISTANCE, INC. /s/ Esmeralda Zendejas Esmeralda Zendejas Attorney for Plaintiff Felipe Nuñez Torres

Dated: September 24, 2010 19 20 21 22 Dated: September 27, 2010 23 24 25 26 27 28 /// /// ///

CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION /s/ Julia L. Montgomery (As authorized on 9/24/10 Julia L. Montgomery Attorney for All Plaintiffs THE SAQUI LAW GROUP /s/ Andrew H. Lee (As authorized on 9/27/10) Andrew H. Lee Attorney for Defendant

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: 6i0kij tunc :

ORDER The Court adopts the Stipulation of the Parties. The following is hereby ordered nunc pro

1) The Court approves the proposed notice attached as Exhibit 1 to Doc. 37; 2) Defendant shall produce the full names and last known permanent addresses of workers employed by Defendant no later than October 8, 2010; 3) Plaintiffs' counsel shall distribute the notice two months subsequent to Defendants' release of all potential class members' names and addresses; and 4) Defendant shall post, for the same two-month period, a copy of the notice in Spanish and English, at each dairy facility owned and operated by Defendant Jose Gilberto Silveira in Merced County.

October 29, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE