Vega v. Weatherford U.S., Limited Partnership et al

Filing 79

STIPULATION and ORDER 78 Approving Revised Notice to FLSA and California Class Members, signed by Magistrate Judge Jennifer L. Thurston on 8/4/2016. (Hall, S)

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MICHELLE B. HEVERLY, Bar No. 178660
[e-mail]
KARIN M. COGBILL, Bar No. 244606
[e-mail]
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, California 94104
Telephone:
415.433.1940
Fax No.:
415.399.8490
KYLE W. NAGEOTTE, Bar No. 285599
[e-mail]
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Telephone:
619.232.0441
Fax No.:
619.232.4302
Attorneys for Defendants
WEATHERFORD U.S. and WEATHERFORD ARTIFICIAL
LIFT SYSTEMS, LLC
(Additional Counsel listed on next page)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHANIE A. VEGA and MICHAEL D.
McNATT, as an individuals, and on behalf
of all others similarly situated,
Plaintiff,

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vs.
WEATHERFORD U.S., LIMITED
PARTNERSHIP, a Louisiana limited
partnership; WEATHERFORD
ARTIFICIAL LIFT SYSTEMS, LLC, a
Delaware limited liability company; and
DOES 3 through 10,

CASE NO. 1:14-CV-01790 JLT
JOINT STIPULATION AND ORDER
REGARDING NOTICE TO FLSA AND
CALIFORNIA CLASS MEMBERS
FOLLOWING PRELIMINARY
APPROVAL OF SETTLEMENT
(Doc. 78)

Defendants.

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

Case No. 1:14-CV-01790 JLT
JOINT STIPULATION

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HERNALDO JOSE BALTODANO, Bar No. 222286
[e-mail]
ERICA FLORES BALTODANO, Bar No. 222331
[e-mail]
BALTODANO & BALTODANO LLP
733 Marsh Street, Suite 110
San Luis Obispo, CA 93401
Telephone:
805-322-3412
Fax No.:
805-322-3413
PAUL K. HAINES, Bar No. 248226
[e-mail]
FLETCHER W. SCHMIDT, Bar No. 286462
[e-mail]
HAINES LAW GROUP, APC
2274 E Maple Avenue, Suite A
El Segundo, CA 90245
Telephone:
[phone]
Fax No.:
[phone]
Attorneys for Plaintiffs
STEPHANIE A. VEGA and MICHAEL D. McNATT

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

JOINT STIPULATION

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IT IS HEREBY STIPULATED by and between Plaintiffs STEPHANIE VEGA and
McNATT

(“Plaintiffs”)

and

Defendants

WEATHERFORD

U.S.

AND

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MICHAEL

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WEATHERFORD ARTIFICIAL LIFT SYSTEMS, LLC (collectively “Defendants”) (collectively,

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“the Parties”), by and through their attorneys of record:

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WHEREAS, on July 22, 2016, this Court preliminary approved settlement in the above

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captioned matter, and thereafter, on August 2, 2016, approved the notice and exclusion forms to be

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sent to putative class members (CA) and FLSA collective action members (Docket Nos. 71 and 77);

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WHEREAS, in preparation for mailing, the parties noticed an error on one of the notice

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forms. Specifically, the notice directed to those employees and former employees who are members

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of both classes (the California settlement class and the FLSA settlement class), incorrectly refers to

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an exclusion form rather than providing instructions on how the FLSA collective action member

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should exclude him or herself from further participation in the lawsuit. The parties have met and

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conferred and agree that this language could cause confusion among these FLSA collective action

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settlement class members who have already consented to join the FLSA action;

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WHEREAS, the parties have further met and conferred and agree that the language of the

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notice to this group of settlement class members should be modified as identified in Exhibit A

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attached hereto and filed herewith (note that both redlined and clean copies have been filed with the

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court as Exhibit A).

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NOW, THEREFORE, the Parties stipulate and respectfully request the Court issue an Order
approving the revised notice form with the changes identified in Exhibit A.
IT IS SO STIPULATED.

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

1.
JOINT STIPULATION

Case No. 1:14-CV-01790 JLT

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DATED: August 4, 2016

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/s/ Kyle W. Nageotte
MICHELLE B. HEVERLY
KARIN M. COGBILL
ROBERT W. PRITCHARD
KYLE W. NAGEOTTE
LITTLER MENDELSON, P.C.

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Attorneys for Defendants
WEATHERFORD U.S. and WEATHERFORD
ARTIFICIAL LIFT SYSTEMS, LLC

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DATED: August 3, 2016

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/s/ Hernaldo Baltodano (as authorized on 6/3/16)
HERNALDO JOSE BALTODANO
ERICA FLORES BALTODANO
BALTODANO & BALTODANO LLP

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/s/ Paul K. Haines (as authorized on 6/3/16)
PAUL K. HAINES
FLETCHER W. SCHMIDT
HAINES LAW GROUP, APC

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Attorneys for Plaintiffs
STEPHANIE A. VEGA and MICHAEL D.
McNATT

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[PROPOSED] ORDER

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Having reviewed the Parties’ Joint Stipulation, it is hereby ORDERED:

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The revisions to the Notice to employees and former employees who are part of both

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the California Settlement Class and the FLSA Settlement Class are APPROVED.
IT IS SO ORDERED.

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Dated:
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August 4, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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LITTLER MENDELSON, P.C.
333 Bush Street
34th Floor
San Francisco, CA 94104
415.433.1940

2.
CASE NO. 1:14-CV-01790-JLT